Planning Proposal to amend Hurstville Local Environmental
Plan 2012 (“Hurstville LEP 2012”) as follows, in respect of the
“Hurstville East” site:
a. To change of land use zoning from IN2 Light
Industrial and part R2 Low Density Residential to B4 Mixed Use,
b. To amend the Floor Space Ratio Map to
increase the FSR from 0.6 (R2) and 1:1 (IN2) to 2:1 along Roberts Lane and up
to 3.5:1 for the reminder of the site (including a minimum commercial FSR of
0.5:1).
c. To amend the Height of Buildings Map
to increase the maximum building height from 9m (R2) and 10m (IN2) to a range
of heights of 12m along Roberts Lane and to 21m, 28m 30m, 40m and 65m for the
reminder of the site.
d. To amend the Active Street Frontages Map to
apply an active street frontage along Forest Road and Durham Street frontages
of the site
e. To provide a Hotel incentive 0.5:1 for the
hotel accommodation land uses for that portion of the site on the corner of
Forest Road and Durham Street.

3.4

N/A

Results of Public Exhibition of Planning Proposal to vary
Clause 4.4A and Clause 6.6 of Hurstville LEP 2012

That the application be approved in accordance with the
conditions included in the report

Site Plan

Executive
Summary

Proposal

1. Council
is in receipt of an application for demolition of the existing dwelling and
construction of a new dwelling on the subject site.

Site and Locality

2. The site is located
off the eastern side of Rosa Street, between Charles Street and Neville
Street. It is occupied by a modest single storey fibro/timber clad and
tile roofed dwelling house. It slopes away in an easterly direction and
is devoid of any major trees.

3. Immediately to the
north, south and east and across the road to the west are single dwelling
houses. The locality is predominantly low density residential in
character. The site enjoys broad views over the lower reaches of Oatley
Bay and Georges River beyond.

Zoning and Development Standards

4. The
site is zoned R2 Low Density Residential under Kogarah Local Environmental Plan
2012 (KLEP 2012). The proposal is permissible with council’s consent
and satisfies the zone objectives.

5. The
proposal complies with the building height and floor space ratio standards that
apply to the site under KLEP 2012.

Development Controls

6. The
proposal does not comply with the height to upper ceiling, two (2) storey depth
and front boundary setback controls as prescribed under Kogarah Development
Control Plan 2013 (KDCP 2013). Notwithstanding, the proposed variations
to these controls are reasonable having regard to the underlying objectives and
particular circumstances of the case.

7. The
proposal reasonably satisfies the relevant objectives of KDCP 2013 having
regard to the particular circumstances of the site and its context.

Submissions

8. In
accordance with the public notification provisions of KDCP 2013, the
application was placed on neighbour notification. Four (4) submissions
raising issues relating to bulk and scale, view loss, visual privacy and
overshadowing impacts and stormwater drainage and hazardous materials (i.e.
asbestos and lead paint) risks were received as a result.

Conclusion

9. The
application has been assessed having regard to the relevant heads of
consideration under Section 79C of the Environmental Planning and Assessment
Act 1979. Following detailed assessment, it is concluded that Development
Application No. 117/2016 should be approved subject to conditions, including
minor design changes to address concerns raised by adjoining residents as
detailed in this report.

Report
in Full

Proposal

10. Council
is in receipt of an application for demolition of the existing dwelling and
construction of a new dwelling on the subject site.

Site and Locality

11. The site is located off the eastern
side of Rosa Street, between Charles Street and Neville Street. It is
occupied by a modest single storey fibro/timber clad and tile roofed dwelling
house. It slopes away in an easterly direction and is devoid of any major
trees.

12. Immediately to the north, south and
east and across the road to the west are single dwelling houses. The
locality is predominantly low density residential in character. The site
enjoys broad views over the lower reaches of Oatley Bay and Georges River
beyond.

Background

13. A history of the current proposal
is provided as follows:

§ The application was
submitted on 24 June 2016.

§ The application was
placed on exhibition, with the last date for public submissions being 20 July
2016. Four (4) submissions were received as a result.

§ The applicant by email
dated 24 August 2016 was requested to address stormwater drainage issues.
Information in response to these issues was received on 22 September 2016.

§ The applicant by email
dated 24 October 2016 was requested to address gross floor area, building
height, garage setback, visual privacy, view loss, front setback treatment and
stormwater drainage issues. Revised plans and further information in
response to these issues were received on 15 November 2016.

§ The applicant by email
dated 5 December 2016 was requested to further address stormwater drainage
issues. Revised architectural and stormwater drainage plans in response
to these issues were received on 9 February 2017.

§ The applicant by email
dated 14 February 2017 was requested to further address stormwater drainage
issues. Revised stormwater drainage plans in response to these issues
were received on 6 March 2017.

§ The applicant by email
dated 24 March 2017 was requested to further address stormwater drainage
issues. Final revised stormwater drainage plans in response to these
issues were received on 27 April 2017.

Section 79C Assessment

14. The
following is an assessment of the application with regard to Section 79C(1) of
the Environmental Planning and Assessment Act 1979.

(a) The
provisions of any environmental planning instrument

Kogarah Local Environmental Plan
2012

Clause 2.1 – Land Use Zones

15. The
site is zoned R2 Low Density Residential. The proposal is permissible
with council’s consent. The proposal satisfies the zone objectives.

Clause 4.3 – Height of
Buildings

16. The
proposed building complies with the 9m building height standard that applies to
the site. In this regard, it has a maximum vertical
distance from existing ground level to its highest point of 8.7m.

Clause 4.4A – Floor Space
Ratio

17. The
proposal complies with the maximum 0.6:1 floor space ratio standard that
applies to the site. In this regard, it has a floor space ratio of
slightly less than 0.5:1.

Clause 5.9 – Preservation of
Trees or Vegetation

18. There
are no trees on the site apart from a small tree of the species
‘Tibouchina’ located adjacent to the southern side boundary. Council’s
tree assessment officer raises no issue with the removal of this tree subject
to replacement tree planting being provided within the site. A suitable
condition of consent may be imposed to address this recommendation.

Clause 5.10 – Heritage
Conservation

19. The
site is not listed as a heritage item in schedule 5 or located within a
heritage conservation area, nor are there any heritage items located nearby.

Clause 6.1 – Acid Sulfate
Soils

20. The
site is not shown as being affected by acid sulfate soils (ASS) on the ASS map.

Clause 6.2 – Earthworks

21. The
proposed earthworks are considered acceptable having regard to the provisions
of this clause, as the works are not likely to have a detrimental impact on
environmental functions and processes, neighbouring uses, cultural or heritage
items or features of the surrounding land.

Clause 6.3 – Flood Planning

22. The
site has not been identified as a flood planning area (FPA) on the FPA map.

24. All
stormwater from the proposal can be treated in accordance with Council’s
Water Management Policy and would satisfy the relevant provisions of the
regional plan.

(a)(ii) The
provisions of any exhibited draft environmental planning instrument

25. There
are no exhibited draft environmental planning instruments applicable to the
site.

(a)(iii) The
provisions of any development control plan

Kogarah Development Control Plan
2013

26. The
proposal is subject to the provisions of Kogarah Development Control Plan
2013. The following table outlines the proposal’s compliance with
the primary controls contained within the development control plan.

Control

Required

Proposed

Complies

Gross Floor Area

404.16m² (max)

402.9m²

Yes

Height to Ridge Top

9m (max)

8.7m

Yes

Height to Upper Ceiling

7.2m (max)

7.8m

No (see below)

Residential Levels

3 (max)

3

Yes

Two Storey Depth

60% (max)

65.1%

No (see below)

Front Boundary Setback

7.5m-8.5m

7.5m

No (see below)

Rear Boundary Setback

6m (min)

12m

Yes

Side Boundary Setbacks

1.2m (min)

1.2m+

Yes

Deep Soil Landscaping

15% (min) or 121.25m²

37.3% or 301.8m²

Yes

Car Parking

2 spaces (min)

2 garage spaces

Yes

Note: For the purposes of
application of the building height controls, the dwelling house constitutes a
‘pitched roof building’ (albeit with a negligible roof pitch)
rather than a ‘flat roof building’. The 7.8m height limit
relating to flat roofed dwelling houses with parapets is not considered
relevant in this case.

27. The
proposal reasonably satisfies the relevant objectives of the development
control plan having regard to the particular circumstances of the site and its
context. The variations to the controls as outlined in the above table
are discussed as follows.

Height to Upper Ceiling

28. The
dwelling house is up to 7.8m in height (as measured from existing ground level
to its upper ceiling) in the vicinity of the ‘entertainment room’
at the rear of the building and above the maximum permissible height for the
rear half of the building. Notwithstanding, the height of the dwelling
house is reasonable having regard to the underlying objectives and particular
circumstances of the case.

29. The uppermost floor is setback 2.5m from the northern side boundary
and 3.9m from the southern side boundary (well beyond the prescribed minimum
1.2m setback) where it achieves its maximum height to the upper ceiling.
Floor to ceiling heights have been kept to a practical
minimum and the overall height of the building complies with the 9m height
limit prescribed in KLEP 2012. In the circumstances, no unreasonable
impacts on the amenity of adjoining residential properties immediately to the
south, north and east of the site will arise.

Two Storey Depth

30. The dwelling house extends for
more than the prescribed maximum 60% depth of the lot. Notwithstanding,
the siting of the upper floor levels is reasonable having regard to the
underlying objectives and circumstances of the case.

31. The
topmost floor readily complies with the control. Where the middle floor
level (noted on the plans as the ‘ground floor level’) extends
beyond the prescribed maximum 60% depth of the lot, it is setback substantially
from the respective side boundaries and well beyond the prescribed minimum 1.2m
setback. Most importantly, the rearmost facade of the dwelling house does
not protrude beyond the rear building alignments of the dwelling houses on the
adjoining properties immediately to the south and north of the site.
Given the relatively negligible extent of the variation (amounting to
approximately 2m in depth) and the above circumstances, the amenity of the rear
yards of adjoining properties will not be adversely affected in terms of visual
privacy, solar access and visual bulk impacts.

Front Boundary Setback

32. Based
on an averaging of the front setbacks of the adjoining dwellings immediately to
the north and south of the site in accordance with the prescribed methodology,
a front setback varying from 7.5m on the northern boundary to 8.5m on the
southern boundary is required for the proposal. The dwelling house has
been sited such that it does not extend forward of the prescribed front
setback, apart from its front porch. This element is setback 7.5m from
the front boundary. Notwithstanding, the proposed front setbacks are
reasonable having regard to the underlying objectives and particular
circumstances of the case.

33. The
underlying objective of the front setback control is to ensure that front
building setbacks are representative of the character of the area. The
front setback of the dwelling house strikes a reasonable balance between the
established front setbacks of the dwelling houses on the adjoining properties
immediately to the north and south of the site. The front porch is a
relatively minor element when compared to the breadth of the front
façade and protrudes forward of the façade to a negligible
extent. The setback of the front facade varies from 8m to 9.6m.
Given these circumstances, no adverse impacts on the established streetscape
character will arise.

Section 94A Levies

34. The
proposal requires payment of $16,200 of Section 94A levies based on the
provisions of Kogarah City Council - Section 94A Development Contributions Plan
2014. This amount is based on 1% of the overall cost of the development.

(a)(iv) Prescribed
matters

35. The
requirements of Australian Standard ‘AS 2601-1991: The Demolition of
Structures’ are of relevance to the application as the proposal includes
demolition works. The requirements of this standard including management
of asbestos containing materials may be readily addressed by the imposition of
suitable conditions of consent.

(b) Likely
impacts

36. The
proposal is of a scale and character that is in keeping with other dwellings
being constructed in the locality. Accordingly, the proposal does not
have a significant impact on the natural and built environment of the locality.

(c) Suitability
of site

37. The
proposal is of a scale and design that is suitable for the site having regard
to its size and shape, topography, vegetation and relationship to adjoining
developments.

(d) Public
submissions

38. In
accordance with the public notification provisions of KDCP 2013, the
application was placed on neighbour notification for a period of fourteen (14)
days. Adjoining and nearby property owners were notified in writing of
the proposal and invited to comment. Four (4) submissions raising
specific concerns over the proposal were received as a result. The
adjoining properties from which these submissions originated are shown by way
of a star symbol on the map as follows.

39. Each
of the adjoining properties from which the submissions originated were visited
on at least one (1) occasion. At the same time, discussions were held
with occupants of these properties with a view to clarifying the issues raised
in the submissions and potential design changes to resolve these issues.
The applicant was subsequently requested to pursue design changes to resolve
several of these issues, particularly those relating to bulk and scale, view
loss and visual privacy. The revised plans address all of the issues
raised to some degree, although not to the extent that the submissions of objection
are fully resolved.

40. The
revised plans that were submitted during the course of assessment of the
application were not formally notified to neighbours having regard to the
public participation provisions of KDCP 2013. In this regard, the changes
to the plans were partly in response to issues raised by those adjoining
property owners that made submissions and partly in response to design issues
raised by council officers and generally reduce the impacts of the proposal.

41. The
issues raised in the submissions and of relevance to the merits of the proposal
are summarised and addressed as follows:

Asbestos and Lead Paint Hazards

42. Concerns
are raised by the owners/occupants of No. 31 Annette Street regarding health
and safety risks associated with the demolition of the existing dwelling due to
its likelihood of containing asbestos and lead paint.

Comment:

43. These
matters may be adequately addressed by suitable conditions of consent including
a requirement that demolition works be carried out in accordance with the
relevant Australian Standard.

Stormwater Runoff

44. Concerns
are raised by the owners/occupants of No. 31 Annette Street regarding the
proposed method of stormwater drainage and associated flood risks.

Comment:

45. Initially,
stormwater drainage via an on-site absorption system was proposed and
council’s stormwater drainage engineers raised significant reservations
over this means of drainage. Following lengthy negotiations, revised
stormwater drainage plans including a below ground rainwater storage tank and
charged system have been submitted. These latest plans are to the
satisfaction of council’s stormwater drainage engineers subject to
standard stormwater related conditions of consent being imposed.

Visual Privacy Impacts on Rear
Yard of No. 31 Annette Street

46. Concerns
are raised by the owners/occupants of No. 31 Annette Street regarding the three
(3) storey scale of the rear façade of the dwelling house and associated
visual privacy impacts on their rear yard. Design changes including a
reduction in the number of storeys and an increased rear setback are
sought. The treatment of the balustrades enclosing the rear balconies by
way of solid material in lieu of glazing is also requested.

Comment:

47. The
applicant was requested to explore opportunities to reduce the height of the
dwelling house and increase the rear setback of its uppermost floor level and
include obscure glazing in the balustrading of the balcony associated with the
entertainment room at first floor level. The revised plans address the
height issue to a reasonable degree, but do not achieve an acceptable outcome
in terms of limiting overlooking from rear balconies. Given that both
rear balconies are off main living areas, overlooking impacts as a result of
their use will be unreasonable.

48. The
proposed 1m high glazed balustrade on the outer (eastern) edge of the balcony
off the entertainment room should be obscured for its entirety, so as to limit
opportunities for downward viewing from this balcony into the objector’s
property, particularly from a sitting position. This requirement may be
readily addressed by a suitable condition of consent.

49. Concerns
are raised by the owners/occupants of No. 98 Rosa Street regarding the bulk and
scale of the dwelling house and associated overlooking into their rear yard and
indoor and outdoor living areas at the rear of their dwelling.

Comment:

50. Overlooking
impacts on this property will not be unreasonable given the predominantly
easterly orientation of the proposed dwelling house and its major
windows. The windows in the northern side wall of the proposed dwelling
house are of relatively minimal dimensions and in many cases constructed of
obscure glazing. Privacy screens of 1.8m in height have been incorporated
on the opposite ends of the first floor rear balcony. It is also relevant
to consider that the rearmost facade of the dwelling house does not protrude
beyond the rear building alignments of the dwelling houses on the adjoining
properties immediately to the south and north of the site.

Height of Building

51. Concerns
are raised by the owners/occupants of Nos. 98 Rosa Street, 99 Rosa Street and
102 Rosa Street regarding the height of the building. Specifically,
concerns are raised over the three (3) storey scale of the dwelling house and
its excessive heights as measured from ground level to the uppermost ceiling
and roof parapet level above, when compared against council’s
controls. The proposal’s impact on the streetscape character and
failure to follow the topography of the site are also of specific concern.

Comment:

52. The
applicant was requested to explore opportunities to reduce the height of the
dwelling house and its three (3) storey scale. The plans have been
revised such that the dwelling house is 300mm less in overall height and
readily satisfies the 9m height limit prescribed in KLEP 2012. The three
(3) storey scale of the dwelling house is acceptable having regard to the
building height provisions in KDCP 2013 which allows for three (3) storey
dwellings on steeper sites, such as in the case of the subject site. It
is also relevant to consider that the dwelling house is substantially setback
from the respective side boundaries at the uppermost floor level, well beyond
the the prescribed minimum 1.2m setback.

Loss of sunlight to house of No.
102 Rosa Street

53. Concerns
are raised by the owners/occupants of No. 102 Rosa Street regarding the proposal’s
impact on solar access to the roof and north facing bedroom windows of their
dwelling.

Comment:

54. The
resultant overshadowing impacts upon the objector’s dwelling and north
facing bedroom windows are largely unavoidable owing to the east-west
orientation of the site and aspect of the bedroom windows facing a common side
boundary. Given the generous side boundary setbacks of the topmost floor
of the proposed dwelling house (well beyond the prescribed minimums) and
compliant overall height, as well as the unfavourable aspect of the windows
concerned, such overshadowing is not unreasonable.

55. It
is also relevant to consider that the bedroom windows currently benefit from
high level solar access due to the existing dwelling on the subject property
being of older housing stock, modest in size and single storey in scale.
Long term retention of existing solar access through the windows concerned
would be an unreasonable expectation in the circumstances. In any event,
the shadow diagrams submitted indicate that these windows should receive a
minimum of three (3) hours of sunlight from September through to March.

Floor Space Ratio

56. Concerns
are raised by the owners/occupants of No. 102 Rosa Street regarding the bulk
and scale of the proposed dwelling house and more particularly whether it
complies with the floor space ratio prescribed for the site.

Comment:

57. The
gross floor area of the proposed dwelling house has been calculated
independently and verified to comply with the maximum floor space ratio that
applies to the site. The bulk and scale of the dwelling house is
acceptable.

Foundation height of garage
exceeds council controls

58. Concerns
are raised by the owners/occupants of No. 102 Rosa Street regarding the
foundation height of the garage exceeding the 1m height limit prescribed in
KDCP 2013.

Comment:

59. The
floor level of the garage is up to 1.5m above the existing ground level.
Notwithstanding, the associated wall of the garage facing the objector’s
property is adequately setback from the side boundary in accordance with the
relevant control and the only window proposed within this wall has a high sill
and is of minimal dimensions, thus restricting views from the garage into the
objector’s property.

Impact on views

60. Concerns
are raised by the owners/occupants of No. 99 Rosa Street regarding the bulk and
scale of the proposed dwelling house and associated impacts on their water
views.

‘The
notion of view sharing is invoked when a property enjoys existing views and a
proposed development would share that view by taking some of it away for their enjoyment.
(Taking it all away cannot be called view sharing, although it may, in some
circumstances, be quite reasonable). To decide whether or not view sharing is
reasonable, I have adopted a four step assessment’

The first
step is the assessment of views to be affected. Water views are
valued more highly than land views. Iconic views are valued more highly than
views without icons. Whole views are valued more that partial views, e.g. a
water view in which the interface between land and water is visible is more
valuable that one in which it is obscured.

62. The
proposal affects middle to long distance views across the waterways of Oatley
Bay and Georges River towards the foreshores around the suburbs of Connells
Point, Blakehurst and Sylvania (refer to photographs below). The views
are of a high value due to their panoramic nature including waterways,
vegetated foreshores and the bushland of Oatley Point Reserve to the south
east.

63. The
second step is to consider from what part of the property the views are
obtained. The protection of views across side boundaries is more difficult than
the protection of views from front and rear boundaries. The expectation to
retain side views and sitting views is often unrealistic.

64. The
views as defined in the first step are obtained from a first floor bedroom and
associated balcony and ground floor entry patio at the front of the dwelling
house. These views are obtained across the front boundary of the
objector’s property from both sitting and standing positions.

65. The
third step is to assess the extent of the impact. This should be done for the
whole of the property not just for the view that is affected. The impact on
views from living areas is more significant than from bedrooms or service areas
(though views from kitchens are highly valued as people spend so much time in
them.

66. The
objector’s property does not enjoy any views other than those that are
available in an easterly to south easterly direction from the front of their
dwelling. The extent of the impact varies considerably depending on the
vantage point chosen.

67. Viewed
from the front ground floor patio, the proposal will substantially remove the
water views and longer distance foreshore views currently available (refer to
image below). As a result, the impact from this vantage point is deemed
to be severe.

68. Viewed
from the first floor bedroom and associated balcony, the proposal will remove
much of the middle distance foreshore and water views currently available
(refer to image below). However, the longer distance views of the
land-water interface and foreshores around the suburbs of Blakehurst and
Sylvania and middle distance view of the bushland of Oatley Point Reserve to
the south east will be substantially maintained. As long distance views
of the land-water interface and foreshores are being maintained over the top of
the proposed dwelling house and views of Oatley Point Reserve and its
associated bushland to the south east will remain substantially unaffected, the
impact from this vantage point is deemed to be moderate.

69. The
fourth step is to assess the reasonableness of the proposal that is causing the
impact. Where an impact on view arises as a result of non-compliance with one
or more planning controls, even a moderate impact may be considered
unreasonable. With a complying proposal, the question should be asked
whether a more skillfull design could provide the applicant with the same
development potential and amenity and reduce the impact on the view of the neighbours.
If the answer to that question is NO, then the view impact of a complying
development would probably be considered acceptable and the view sharing
reasonable.

70. The
proposed dwelling house complies with the height and floor space ratio
standards as prescribed in KLEP 2012. Further, the front half of the
dwelling house is two (2) storeys in scale and incorporates a low profile roof,
thereby falling well within the 9m height limit where it faces the
objector’s property. A reduction in the height of the rear half of
the dwelling house such that it complied with the maximum 7.2m building height
control (as measured from existing ground level to its upper ceiling) would not
make a substantial difference in terms of the outlook from the objector’s
property, apart from being able to view slightly more of the waterways over the
rooftop of the dwelling. The extent of the impact as viewed from the
first floor balcony and adjacent master bedroom would still remain moderate.

71. In
terms of the question of the skilfulness of the design, the raised roof element
over the front porch unnecessarily exacerbates the extent of view loss and at
the same time offers little benefit in enhancing the aesthetics of the
building. This roof element should be lowered to be consistent with the
adjacent parapets of the main roof. This design change may be readily
addressed by a suitable condition of consent.

Conclusion:

72. The
impact on views will be moderate to severe, depending on the position of the
vantage point. Viewed from the front ground floor patio, the proposal
will substantially remove the water views and longer distance foreshore views
currently available. Viewed from the first floor bedroom and associated
balcony, the proposal will remove much of the middle distance foreshore and
water views currently available. However, the longer distance views of
the land-water interface and foreshores around the suburbs of Blakehurst and
Sylvania and middle distance view of the bushland of Oatley Point Reserve to
the south east will be substantially maintained.

73. In
view of these circumstances and the foregoing commentary, it is concluded that
the proposal results in reasonable view sharing having regard to the planning
principle established by the Land & Environment Court.

(e) Public
interest

74. The
proposal is of a scale and character that does not conflict with the public
interest.

Conclusion

75. The
application has been assessed having regard to the relevant heads of
consideration under Section 79C of the Environmental Planning and Assessment
Act 1979. Following detailed assessment, it is considered that
Development Application No. 117/2016 should be approved.

Recommendation

That council as the consent authority
and pursuant to Section 80(1)(a) of the Environmental Planning & Assessment
Act 1979 grant consent to Development Application No. 117/2016 for demolition
of the existing dwelling and construction of a new dwelling at property No. 100
Rosa Street, Oatley subject to conditions, including the design changes to
address concerns raised by adjoining residents as detailed in this report.

SPECIFIC DEVELOPMENT CONDITIONS

SECTION A - General
Conditions

The conditions that follow in this
Section A of the Notice of Determination are general conditions which are
imposed to ensure that the development is carried out in accordance with the
development consent.

(1) Approved Plans of Consent

The development must be implemented
in accordance with the approved plans, specifications and details listed below
and any supporting information submitted with the Development Application
except as amended by any conditions attached to the Development Consent:

SECTION B
–Prior to the Issue of a Construction Certificate or
Demolition Conditions

The conditions that follow in this
Section B of the Notice of Determination relate to the payment of fees,
amendments being made to the proposal, further investigation being undertaken
or the preparation of documentation that must be complied with prior to the
issue of a Construction Certificate or Demolition.

Note: A
copy of the Construction Certificate shall be forwarded to Council prior to
commencement of construction where Council is not the certifier who issued the
Construction Certificate.

(2) Asset & Building Fees

Payment of the following amounts as
detailed below:

· Damage Deposit of $
1,900.00

· *Builders Long
Service Levy of $
5,670.00

· Driveway Design
and Inspection Fee (Dwelling) of $
515.00

· Asset Inspection
Fee of $
110.00

· Section 94A
Contributions of $16,200.00

*Note: The
Builders Long Service Levy quoted is based on the market value of the proposed
building works and the Levy Rate applicable at the time of assessing the
Development Application and may be subject to change prior to payment.

(3) Section 94A Contributions

As at the date of Development Consent
a contribution of $16,200.00 has been levied on the subject development pursuant
to Section 94A Contributions Plan. The amount to be paid is to be
adjusted at the time of the actual payment, in accordance with the provisions
of the Section 94A Development Contributions Plan.

Prior to issue of any construction
certificate or commencement of any demolition or earth works on site, the
applicant shall submit, for acceptance by the Principal Certifying Authority
(PCA), with a copy forwarded to Council where Council is not the PCA, a full
dilapidation report on the visible and structural condition of the following
properties;

(i) All
neighbouring buildings likely to be affected by the excavation as determined by
the consulting engineer.

The report must be completed by a
suitably qualified consulting structural/ geotechnical engineer as determined
necessary by that professional based on the excavations for the proposal, the
subsoil conditions and any recommendations of a geotechnical report for the
site. The report shall have regard to protecting the applicant from spurious
claims for structural damage and shall be verified by all stakeholders as far
as practicable.”

Reports relating to properties that
refuse access to carry out inspections to complete the dilapidation report,
after being given reasonable written notice to request access (at least 14
days) at a reasonable time (8.00am-6.00pm), are not to hold up the release of
the Construction Certificate.

(5) Soil and Water Management

A Soil and Water Management Control
Plan, incorporating contour levels and prepared in accordance with
Environmental Site Management Policy shall be submitted to Council detailing
all measures to control soil erosion and sedimentation runoff from the site
during excavation and construction activities.

(6) Sydney Water (DA Only)

The approved plans must be processed
through Sydney Water to determine whether the development will affect any
Sydney Water asset’s (sewer and water mains, stormwater drains and/or
easements) and if any further requirements need to be met. An approval
receipt will be issued by Sydney Water which is to be submitted to Council or
the Principal Certifying Authority.

· Sydney Water Tap
in – see Plumbing, building and developing and then Sydney Water Tap in;
and

· Building over/adjacent
to a Sydney Water Asset - see Plumbing, building and developing, building then
Building Approvals or telephone 13 20 92.

(7) Detailed Stormwater Plan

The submitted stormwater plan has
been assessed and approved as a concept plan only. No detailed assessment of
the design has been undertaken. A Detailed Stormwater Plan and supporting
information of the proposed on-site stormwater management system is to be
submitted. The required details in this Plan and the relevant checklist are
presented in the document ‘Water Management Policy. Kogarah Council.
August 2006’.

The design parameters and the general
concept of the proposed on-site stormwater management system are to be the same
as documented in the approved Concept Stormwater Plan for the proposed
development. Any conceptual variations to the stormwater design will require
written approval from Council and justification and support by appropriate
details, calculations and information to allow for proper assessment.

(8) Certification of Detailed
Plan

The detailed stormwater plan is to be
certified by a Chartered Professional Engineer. A statement, that the
stormwater system has been designed in accordance with Council’s Water
Management Policy and satisfies the provisions and objectives of that policy,
must be included in the Stormwater Detailed Plan.

(9) Rainwater Tank –
Required for other than BASIX.

A 5000 litre rainwater tank for
rainwater storage and reuse is to be provided in accordance with the Stormwater
Concept Plan and associated Design Assessment Report. The overflow from the
tank is to be directed to the site drainage system. The mains top-up system is
to be installed according to Sydney Water’s guidelines entitled Guidelines
for rainwater tank on residential properties: Plumbing Requirements April
2003 and its amendment November 2003.

(10) Design Changes Required

The following design changes are
required:

(i) The
1m high balustrade on the eastern perimeter of the first floor balcony adjacent
to the entertainment room is to incorporate obscure glazing for the entirety of
its length and height.

(ii) A
privacy screen is to be incorporated on top and for the entire length of the
eastern perimeter of the retaining wall located downslope of the dwelling house
and retaining the turfed area at RL39.72. This privacy screen is to be a
minimum of 1.7 metres in height above the finished ground level and incorporate
obscure glazing for the entirety of its length and height.

(iii) The
roof structure above the front porch and balcony is to be lowered such that it
does not exceed a reduced level of RL48.972, consistent with the reduced level
at the top of the adjacent roof parapet.

The above design changes are to be
incorporated in the plans accompanying any construction certificate for the development.

SECTION C
– Prior to Commencement of Construction Conditions

The conditions that follow in this
Section C of the Notice of Determination are specific to the proposed
development and must be complied with prior to the commencement of construction
on the site.

(11) Geotechnical Report

Excavation of the site is to extend
only to that area required for building works depicted upon the approved plans.
All excess excavated material shall be removed from the site. In this
regard, all excavated waste materials shall be disposed of at an approved Waste
Depot.

No rock breaking or other machinery
for the excavation, drilling, cutting or removal of rock shall be used on the
site prior to the acceptance by the principal certifying authority of the
following documentation:

(i) A
report by a geotechnical engineer detailing the measures recommended in
undertaking the works so as to prevent damage to any adjoining or nearby
buildings.

(ii) The
type and size of machinery proposed.

(iii) The
routes of all trucks to convey material to and from the site.

(12) Structural Engineer’s Details

Engineer's details prepared by a
practising Structural Engineer being used to construct all reinforced concrete
work, structural beams, columns & other structural members. The
details are to be submitted to the Principal Certifying Authority for approval
prior to construction of the specified works.

A copy shall be forwarded to Council
where Council is not the PCA.

(13) Protection of Site – Hoarding

A hoarding or fence must be erected
between the work site and the public place if:

· the work involved
in the erection or demolition of a building is likely to cause obstruction or
inconvenience to pedestrian or vehicular traffic in a public place; or

· if it involves the
enclosure of a public place.

If necessary an awning is to be
erected which is sufficient to prevent any substance from or in connection with
the work from falling into a public place.

Any such hoarding, fence or awning is
to be removed when the work has been completed.

If the work site is likely to be
hazardous to persons in a public place, it must be kept lit between sunset and
sunrise.

(14) Driveway

In respect to
vehicular access to the proposed development the gutter crossing and driveway
are to be reconstructed between the kerb and street alignment to
Council’s specifications.

In this regard a
separate driveway application is to be lodged with Council for works outside
the property boundary. Furthermore the design boundary level is to be
received from Council prior to construction of the internal driveway.

(15) Council Infrastructure Inspection

Prior to the
commencement of any works an authorised representative of the applicant is to
organise and attend a meeting on site with Council’s Infrastructure
Compliance Co-ordinator to discuss protection of Council’s
infrastructure. To organise this meeting contact Council’s Customer
Service Centre on 9330 6400.

(16) Public Liability Insurance

All nominated contractors / applicants
carrying out driveway and/or restoration works on Council property must carry
public liability insurance with a minimum cover of twenty million dollars
($20,000,000.00). In this regard, prior to commencement of works, the principal
contractor is to lodge an “Application for the Construction of Work by
Private Contractor” to Council, which includes submitting evidence of
their current insurance. The principal contractor must ensure that
sub-contractors are also adequately insured.

(17) Soil Erosion Controls

Prior to commencement of any site
works, erosion and sediment controls are to be installed in accordance with
Environmental Site Management Policy and any approved Soil & Water
Management Plan and shall incorporate:

· Measures to
prevent sediment and other debris escaping from the cleared or disturbed areas
into drainage systems or waterways;

The conditions that follow in this
Section D of the Notice of Determination are imposed to ensure the development
is constructed and operates having regard to relevant legislation and does not
unreasonably impact on the amenity of the locality or environment during the
construction phase or the operation of the use.

(18) Inspections - New Dwelling

The following lists of inspections
are the MANDATORY CRITICAL STAGE INSPECTIONS that MUST
be carried out by the Principal Certifying Authority (PCA).

(a) at the
commencement of building works

(b) after
excavation for, and prior to the placement of, any footings, and

(c) prior
to pouring any in-situ reinforced concrete building element, and

(d) prior
to the covering of the framework for any floor, wall, roof or other building
element, and

(e) prior to
covering waterproofing in any wet areas, and

(f) prior
to covering any stormwater drainage connections, and

(g) after
the building work has been completed and prior to any occupation certificate
being issued in relation to the building.

(h) in
the case of a swimming pool, as soon as practicable after the barrier (if one
is required under the Swimming Pools Act 1992 has been erected.

Certificates from
your engineer or subcontractor are NOT acceptable in the first instance
for the above inspections. Failure to have your PCA carry out these
inspections could result in a delay or refusal to issue an Occupation
Certificate.

In addition to the
above, it is recommended that the following inspections be carried out for the
subject development;

 Erosion Control

 Earthworks/Excavation

 Building setout

 Landscaping

(19) Storage of materials on Public Road

All building materials or waste
containers must be stored within the confines of the site. The storage of
such building materials, waste containers or equipment associated with the
project upon the public roadway, including the pedestrian footway or unpaved
verge, is prohibited.

(20) Use of Crane on Public Road

Prior approval must be obtained from
Council a minimum of 24 hours before the use on any site of a crane, hoist or
similar machinery that will be used to transfer materials across
Council’s footpath. This includes cranes that are situated on
roadways, footpaths and road reserves.

Any application for approval must be
accompanied by the following information:-

· Site sketch
indicating the proposed location of the crane, pedestrian controls and traffic
controls;

· A copy of current
public liability insurance with minimum cover of twenty million dollars ($20,000,000)
indemnifying Council in the event of an incident;

· A copy of an RMS
accredited traffic control plan;

· Proof that the
local area command of the NSW Police have been advised of the proposal.

The use of a crane, hoist or similar
machinery on any site without prior approval is prohibited.

(21) Building Height - Surveyors Certificate

The proposed building is not to be
erected at a height greater than that indicated on the approved plan. A
certificate from a Registered Surveyor verifying the correct Reduced Level of
the ground floor slab and boundary clearances shall be submitted prior to
inspection of the steel reinforcement.

(22) Excavation of Site

Excavation of the site is to extend
only to that area required for building works depicted upon the approved
plans. All excess excavated material shall be removed from the
site. In this regard, all excavated waste materials shall be disposed of
at an approved Waste Depot (details are available from Council).

All excavations and backfilling associated
with the erection or demolition of a building must be executed safely and in
accordance with appropriate professional standards.

All excavations associated with the
erection or demolition of a building must be properly guarded and protected to
prevent them from being dangerous to life or property.

If the soil conditions require it,
retaining walls associated with the erection or demolition of a building or
other approved methods of preventing movement of the soil shall be provided and
adequate provision shall be made for drainage.

(23) Stormwater to Kerb

Any stormwater
connections to the kerb and gutter are to be in accordance with Council's 'Specification
for Construction by Private Contractors'.

(24) Redundant Driveway

All existing vehicular crossings
adjacent to the subject premises that have become redundant shall be removed
and the footway and kerb and gutter reinstated at the developer/applicants
expense.

(25) Work within Road Reserve

A Development Consent or any related
Construction Certificate does not allow for the erection of a structure or to
carry out work in, on or over a public road. Should a structure or work
be required a separate approval under S138 of the Road Act 1993 must be granted
by Council prior to the commencement of any works within the road reserve.
Applications may be made at Council’s Customer Service Centre.

(26) Damage within Road Reserve & Council
Assets

The owner shall bear the cost of
restoring any footpath, roadway and any other Council assets damaged due to
works at, near or associated with the site. This may include works by
Public Utility Authorities in the course of providing services to the site.

(27) Public Utility & Telecommunication
Assets

The owner shall bear the cost of any
relocation or modification required to any Public Utility Authority assets
including telecommunication lines & cables and restoring any footpath,
roadway and any other Council assets damaged due to works at, near or
associated with the site.

(28) Hours of Construction

Construction may only be carried out
between 7.00 am and 5.00 pm on Monday to Saturday and no construction is to be
carried out at any time on a Sunday or a public holiday.

(29) Provision of Amenities

Toilet facilities are to be provided,
at or in the vicinity of the work site on which work involved in the erection
or demolition of a building is being carried out, at the rate of one toilet for
every 20 persons or part of 20 persons employed at the site or as specified by
Workcover requirements .

· each toilet
provided must be a standard flushing toilet and must be connected:

· to a public sewer;
or

· if connection to a
public sewer is not practicable, to an accredited sewage management facility
approved by the Council; or

· if connection to a
public sewer or an accredited sewage management facility is not practicable, to
some other sewage management facility approved by the Council.

The provision of toilet facilities
must be completed before any other work is commenced.

(30) Basix Certificate Details – DA
Only

Construction of building works given
Development Consent must be carried out in accordance with a valid and current
BASIX certificate and all required commitments must be satisfied.

(31) Air Conditioning / Offensive Noise

Air conditioning plant and equipment
shall be installed and operated so as to not create an offensive noise as
defined under the Protection of the Environment Operations Act 1997 and
Protection of the Environment Operations (Noise Control) Regulation 2008.

(32) Tree Removal

The trees identified in the table
below may be removed:

Tree Species

Location on Site/Tree No

Work Required

Tibouchina sp

100 Rosa Street/ Tree 1

Removal

All tree removals are to be carried
out by a certified Tree Surgeon/Arborist to ensure that removal is undertaken
in a safe manner and complies with the AS4373-2007 – Pruning of Amenity
Trees) and Tree Works Industry Code of Practice (Work Cover NSW 1.8.98).

No trees are to be removed on the
site or neighbouring properties without the prior written approval of Council.

(33) Tree Replacement

One (1) canopy tree is to be planted
within the subject site and not within 3 metres of any existing or proposed
structures. The replacement tree is to have a minimum pot size of 75 litres.

All replacement trees are to be
planted, protected and maintained prior to the issue of the final occupation
certificate.

(34) Stormwater Drainage

All roof water and surface water from
paved or concreted areas are to be disposed of in accordance with the
Stormwater Plan by means of a sealed pipeline constructed in accordance with
AS/NZS 3500.3:2015. The line must pass through a silt arrestor pit.

(35) Separate Occupation

No part of the building is to be used
as a separate domicile.

SECTION E
– Prior to Occupation or Subdivision Certificate Conditions

The conditions that follow in this
Section E of the Notice of Determination relate to conditions that ensure that
the development is completed in accordance with the requirements of the
Development Consent prior to the issue of either an Occupation Certificate or a
Subdivision Certificate.

(36) Stormwater Compliance Certificate

A Stormwater Compliance Certificate
is to be obtained for the constructed on-site stormwater management systems in
conjunction with the works-as-executed drawings and the final inspection. This
Certificate is to be signed by an accredited hydraulic engineer (preferably be
the original design consultant) and submitted to the Principal Certifying
Authority. Copy of the standard Stormwater Compliance Certificate is shown in
Council’s Water Management Policy.

If the proposed works involve Council
owned stormwater infrastructure (or infrastructure to be owned by Council),
then the applicant should organise inspection with Council and pay Council the
appropriate inspection fee. Inspection is to be carried out at the following
specified stages:

· Prior
to backfilling of pipelines trenches.

· Prior
to backfilling of drainage connection to pipeline or channels.

A Maintenance Schedule for the
proposed on-site stormwater management measures is to be prepared and
submitted. The Maintenance Schedule shall outline the required maintenance
works, how and when these will be done and who will be carrying out these
maintenance works.

(38) BASIX Completion Receipt

In accordance with clause 154C of the
Environmental Planning and Assessment Regulation 2000, prior to issuing a final
occupation certificate the certifying authority must apply to the
Director-General for a BASIX completion receipt.

SECTION F – Prescribed Conditions

The following are
prescribed conditions of development consent pursuant to s.80A(11) of the
Environmental Planning and Assessment Act 1979 and cl.98 of the Environmental
Planning and Assessment Regulation 2000.

(39) Compliance with the Building Code of
Australia

The development
must be carried out in accordance with the provisions of the Building Code of
Australia.

(40) Insurance Requirements under Home
Building Act 1989

The builder or
person who does the residential building work must comply with the applicable
requirements of Part 6 of the Home Building Act, 1989. This means that a
contract of insurance must be in force in accordance with Part 6 of that Act
before any building work authorised to be carried out by the consent commences.

It is the responsibility of the
builder or person who is to do the work to satisfy Council that they have
complied with the applicable requirements of Part 6 of the Home Building Act,
1989.

If Council is the Principal
Certifying Authority it will not carry out any inspections until a copy of the
insurance certificate is received.

(41) Erection of Signs

A sign must be erected in a prominent
position on any site on which building work, subdivision work or demolition
work is being carried out:

(a) showing
the name, address and telephone number of the principal certifying authority
for the work, and

(b) showing
the name of the principal contractor (if any) for any building work and a
telephone number on which that person may be contacted outside working hours,
and

(c) stating
that unauthorised entry to the work site is prohibited.

The sign is to be maintained while
the building work, subdivision work or demolition work is being carried out,
but must be removed when the work has been completed.

(42) Notification of Home Building Act 1989
Requirements

Residential building work within the
meaning of the Home Building Act 1989
must not be carried out unless the principal certifying authority for the
development to which the work relates (not being the council) has given the
council written notice of the following information:

(a) in
the case of work for which a principal contractor is required to be appointed:

(i) the
name and licence number of the principal contractor, and

(ii) the
name of the insurer by which the work is insured under Part 6 of that Act,

(b) in
the case of work to be done by an owner-builder:

(i) the
name of the owner-builder, and

(ii) if
the owner-builder is required to hold an owner-builder permit under that Act,
the number of the owner-builder permit.

If arrangements for doing the
residential building work are changed while the work is in progress so that the
information notified above becomes out of date, further work must not be
carried out unless the principal certifying authority for the development to
which the work relates (not being the council) has given the council written
notice of the updated information.

(43) Shoring and Adequacy of Adjoining
Property

If the development involves an
excavation that extends below the level of the base of the footings of a
building on adjoining land, the person having the benefit of the development
consent must, at the person’s own expense:

(a) protect
and support the adjoining premises from possible damage from the excavation,
and

(b) where
necessary, underpin the adjoining premises to prevent any such damage.

The above condition does not apply if
the person having the benefit of the development consent owns the adjoining
land or the owner of the adjoining land has given consent in writing to that
condition not applying.

(44) Council Notification of Construction

The erection of a building which is
the subject of a Development Consent must not be commenced until:

a) Detailed
plans and specifications of the building have been endorsed with a construction
certificate by Council or an accredited certifier.

b) the person
having the benefit of the development consent has:

· appointed a
Principal Certifying Authority (PCA),and

· notified Council
(if Council is not the PCA) in writing of the appointment, and

· given at least 2
days notice to Council of their intention to commence the erection of the
building. The notice may be in writing or by phone.

SECTION G – Demolition
Conditions

The following conditions are imposed
to ensure the demolition associated with the proposed development is carried
out having regard to relevant legislation and does not unreasonably impact on
the amenity of the locality or environment.

(45) Demolition Conditions-Asbestos

(a) Demolition
of buildings where asbestos is determined to be present should only occur 7am
– 5pm Monday to Saturdays, and must not occur on Sundays or Public
Holidays, to ensure that the persons carrying out the work have access to WorkCover
professionals if required.

(b) All
asbestos removal shall be undertaken in accordance with the requirements of
WorkCover’s ‘How to Safely Remove Asbestos’ Code of Practice
and Council’s Asbestos Policy.

(c) Written
notice must be provided to Georges River Council five (5) working days
(excluding public holidays) prior to commencement of any works.

Written notice is
to include the following details:

· Date the
demolition will commence

· Name, address,
contact details (including after hours) and licence number of the demolisher
and asbestos removalist (if different)

Work must not
commence prior to the nominated demolition date.

Note: it is the responsibility
of the persons undertaking demolition work to obtain the relevant WorkCover
licences and permits.

(d) The
owner is to notify all owners and occupiers of premises on either side,
opposite and at the rear of the development site five (5) working days prior to
demolition. Such notification is to be clearly written on A4 size paper
stating the date the demolition will commence and is to be placed in the
letterbox of every premises (including every residential flat or unit, if any).
The demolition must not commence prior to the date and time stated in the
notification.

(e) A
demolition or asbestos removal contractor licensed under the Work Health and
Safety Regulations 2011 must undertake removal of more than 10m2
of bonded asbestos (or otherwise specified by WorkCover or relevant
legislation).

Removal of friable
asbestos material must only be undertaken by a contractor that holds a current
AS1 Friable Asbestos Removal Licence.

(f) Demolition
sites that involve the removal of asbestos must display a standard commercially
manufactured sign containing the words ‘DANGER ASBESTOS REMOVAL IN
PROGRESS’ measuring not less than 400mm x 300mm is to be erected in a
prominent visible position on the site to the satisfaction of Council’s
officers. The sign is to be erected prior to demolition work commencing and is
to remain in place until such time as all asbestos has been removed from the
site to an approved waste facility.

(g) All
asbestos waste must be stored, transported and disposed of in compliance with
the Protection of the Environment Operations (Waste) Regulation 2005. All
receipts detailing method and location of disposal must be submitted to Council
as evidence of correct disposal.

(h) A
Clearance Certificate or Statement, prepared by a suitably qualified
occupational hygienist must be provided to Council upon completion of
demolition and asbestos related works, which confirms that the relevant
legislative requirements in relation to safe removal and disposal have been
satisfied.

(i) A
Work Cover Licensed Demolisher is to be engaged to carry out any demolition
works using mechanical equipment where the structure is over 4 metres in height
or to carry out any manual demolition works on a structure over 10 metres in
height.

(j) The
provision of temporary fences and footpath crossing pads prior to commencement
of demolition operations. Further, no waste materials or bins are to be
placed on Council's roadways or footpaths.

(k) No
waste materials are to be burnt on site.

(l) No
trees as defined by Council's Tree Preservation Order being removed or damaged
on the site without the prior written approval of Council.

(m) Compliance
with the provisions of Australian Standard AS 2601-1991:"The Demolition of
Structures", which requires notification of demolition to be submitted at
least seven (7) days prior to demolition to the NSW Workcover Authority.

(n) Effective
erosion and sediment control measures are to be undertaken during the course of
demolition and building works in accordance with Council’s
‘Environmental Site Management Policy’. Failure to implement
appropriate measures may result in a $750 Penalty Infringement Notice
(individual) and/or $1,500 (corporation) being issued and/or the incurring of a
maximum penalty of $250,000 (corporation) or $120,000 (individual) through the
Land and Environment Court.

(o) Appropriate
measures are to be implemented on site to control dust and other air borne
matter and demolition material is to be stored and stacked in a manner so as to
minimise the risk of damage or nuisance to neighbouring properties.

(p) Council
being notified upon completion of the demolition works so that an inspection
can be made of the roadway and footpath.

(q) All
non-recyclable demolition material being disposed of at an approved waste
disposal depot. Details as to the method and location of disposal of demolition
materials (weight dockets, receipts, etc.) should be kept as evidence of
approved method of disposal.

(r) A
sign must be erected in a prominent position on any site on which building
work, subdivision work or demolition work is being carried out:

(a) showing
the name, address and telephone number of the principal certifying authority
for the work, and

(b) showing
the name of the principal contractor (if any) for any building work and a
telephone number on which that person may be contacted outside working hours,
and

(c) stating
that unauthorised entry to the work site is prohibited.

The sign is to be maintained while
the building work, subdivision work or demolition work is being carried out,
but must be removed when the work has been completed

END CONDITIONS

Advisory Notes

(i) Worksite
Safety

It is usually the
owner/applicant’s responsibility to ensure that the development site is a
safe working environment. This may be by the engagement of an
appropriately competent principal contractor. There are various
legislative and WorkCover requirements with respect to maintaining a safe
work-site. Details of these requirements and legislation, as well as,
guidance and advisory material, can be found on the WorkCover Website www.workcover.nsw.gov.au.

(ii) Worksite
Safety Scaffolding

Council is committed to worksite
safety and requiring that all scaffolding is installed by competent and
qualified professionals with the relative appropriate standards. The
applicable Australian Standards for the scaffolding is AS/NZS1576 in respect of
the design of the scaffolding and AS/NZS4576 with respect to the erection of
the scaffolding. Also, you should ensure that those erecting scaffolding
are appropriately qualified and have the appropriate qualifications to erect
scaffolding. For further information regarding this please see
www.workcover.nsw.gov.au.

(iii) Kid
Safe NSW

Kidsafe NSW has produced Safer Homes
for Children Design and Construction Guidelines for builders, renovators and
home owners. The guidelines identify common hazards for children and recommended
practical design applications to improve child safety for all areas of the
home. Free copies of the Guidelines are available from Council’s
Customer Service Centre, or contact Kidsafe on (02) 9845 0890 or their website
http://www.kidsafensw.org/homesafety/index.htm for more information.

(iv) Dial
Before You Dig

Underground pipes and cables may
exist in the area. In your own interest and for safety, telephone 1100
before excavation or erection of structures. Information on the location
of underground pipes and cables can also be obtained by fax on 1300 652 077 or
through the following website www.dialbeforeyoudig.com.au.

(v) Demolition
Waste

Sorting your construction and
demolition waste will save you money. For pricing and disposal options
for sorted loads of tiles, bricks, timber concrete or asphalt call Waste
Service NSW on 1300 651 116.

(vi) Property
Address

Property
addresses shall be allocated by Council in accordance with the Addressing
Standard AS/NZS 4819:2011.

(vii) Rainwater
Tank Storage

The rainwater
tank storage specified is to be provided in lieu of On-site Detention storage
which is not feasible due to the site topography.

(viii) Tree
Preservation

No trees are to
be removed, pruned or damaged on site or neighbouring properties unless there
is written approval from Council in accordance with Clause 5.9 of Kogarah Local
Environmental Plan 2012.

Georges River Council – Independent Hearing and
Assessment Panel Thursday, 20 July 2017

Page 38

REPORT TO GEORGES RIVER COUNCIL

IHAP MEETING OF Thursday, 20 July 2017

IHAP Report No

3.2

Application No

DA2016/0309

Site Address & Ward Locality

9 Mashman Avenue Kingsgrove

Hurstville Ward

Proposal

Demolition of existing and
construction of two storey boarding house

Report Author/s

Development Assessment Officer,
Marc Raymundo

Owners

Deyuan Yang

Applicant

Loay Yousef

Zoning

Zone R2 - Low Density Residential

Date Of Lodgement

15/11/2016

Submissions

Ten (10) submissions received

Cost of Works

$495,000.00

Reason for Referral to IHAP

10 submissions received raising
issues such as; parking, density, pedestrian and vehicular safety, character
of the area, amenity impacts and alternative accomodation

Recommendation

That
the application be approved in accordance with the conditions included in
the report.

Site Plan

Executive Summary

1. The
development application seeks development consent for the demolition of an
existing dwelling and construction of a two storey boarding house with eight
(8) boarding rooms on land known as 9 Mashman Avenue, Kingsgrove.

3. Two
hundred and five (205) adjoining residents/occupiers were notified and
renotified by letter and given fourteen (14) days in which to view the plans
and submit any comments on the proposal. In response, ten (10)
submissions were received of which the concerns raised have been addressed
further within this report.

Proposal

4. The
development application seeks development consent for the demolition of
existing dwelling and construction of a two storey boarding house with eight
(8) boarding rooms on land known as 9 Mashman Avenue, Kingsgrove.

Site
and Locality

5. The
site forms a rectangular shaped allotment with a site area of 408.4sqm. The
site is currently occupied by a single storey dwelling house. The site is
surrounded by residential dwelling houses primary to the west and south of the
site. A 5-7 storey mixed use development known as “The Pottery”
adjoins the site to the east. A railway corridor adjoins the site to the
north (rear). The entry to Kingsgrove Station is located approximately 221m
away to the north-east. An industrial area is located to further to the north
beyond the rail line.

Zoning and Permissibility

6. The
site is zoned
R2 Low Density Residential under the Hurstville Local Environmental Plan 2012.
A boarding house forms a permissible use within this zone.

Submissions

7. Two
hundred and five (205) adjoining residents/occupiers were notified and
renotified by letter and given fourteen (14) days in which to view the plans
and submit any comments on the proposal. In response, ten (10)
submissions were received of which the concerns raised have been addressed
further within this report. The
issues raised included; increased parking, increased density, pedestrian and
vehicular safety, negative impacts character of the area, noise and privacy
amenity impacts and alterative residential accommodation available elsewhere.

Conclusion

8. THAT
the application be approved in accordance with the conditions included in the
report. Additional design changes conditioned as follows;

CC2004 - Development
Assessment - Design Change - The following design changes are
required and are to be incorporated into the plans to be lodged with the
Construction Certificate application.

The submitted concept hydraulic plan shall be amended to indicate:

(a) the interception of runoff, from impervious surfaces
such as driveway and footpath, and its management through an absorption system
in accordance with Development Control Plan 1, Appendix 2, Section 9 - Design
Guidelines for Absorption Trenches;

(b) the provision of an On Site Detention system.

These design changes are to be incorporated into the Detailed Hydraulic
Plans submitted for approval with the Construction Certificate Application.

(c) All
ground floor and first floor windows along the western and eastern side
elevations are to be frosted glass.

(d) A 1.8m high
privacy screen is to be erected along the western side elevation of the rear
terrace.

(e) Motorcycle
space to be line marked on hardstand.

These design
changes are to be incorporated into plans submitted for approval with the Construction
Certificate

Report
in Full

Proposal

9. The application seeks approval for the demolition of
existing dwelling and construction of a two storey boarding house with eight
(8) boarding rooms on land known as 9 Mashman Avenue, Kingsgrove. In detail the
proposal is described as follows;

10. The
site is legally described as Lot 5 in DP 19078. The site forms a generally
rectangular shaped allotment with a frontage of 13.97m along the southern
boundary, 30.15m along the eastern side boundary, 14.17m along the rear
northern boundary, 29.15m along the western side boundary with a site area of
408.4sqm. The site is located on the northern side of the
street. A single storey dwelling is centrally located on site. A garage
is located within the rear north-east corner. A low timber fence runs along the
front southern boundary. A concrete driveway is located parallel with the
western side boundary. There are no large significant trees on site. The site
is located on a zone interface with the site being R2 Low Density Residential
with B2 Local Centre adjoining the site to the east.

Photograph
of subject site

11. Adjoining
the site to the east is the Mashman Pottery site which comprises of a mixed use
development which includes a supermarket, restaurants and residential units.
The site adjoins the T2 Airport, Inner West and South Railway site directly to
the north. The entry to Kingsgrove Railway Station is located approximately
221m away to the north-east. Kingsgrove Road commercial precinct contains a
mixture of commercial uses are located to the east of the site. Detached
established residential dwelling houses are located to the west,
south-west and south of the site. There are no street trees on the Council
reserve and a power pole is located within the south-east corner.

Zoning
Extract of subject site and surrounding area

221m
distance from subject site to the Public Entrance of Kingsgrove Railway Station

Background

12. 18
Jun 16 PRE2016/0009
Pre DA for demolition of existing and Council in receipt of application for
demolition of existing dwelling and construction of a two storey boarding house
with eight (8) boarding rooms

15 Nov 16 Council
in receipt of application for demolition of existing dwelling and construction
of a two storey boarding house with eight (8) boarding rooms

13. The development has
been inspected and assessed under the relevant Section 79C (1) "Matters
for Consideration" of the Environmental Planning and Assessment Act
1979.

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN 2012

Clause

Standard

Compliance

Part 2
– Permitted or Prohibited Development

R2 – Low Density Residential, a “boarding
house” is defined as “

(a) is
wholly or partly let in lodgings, and

(b)
provides lodgers with a principal place of residence for 3 months or more,
and

(c)
may have shared facilities, such as a communal living room, bathroom, kitchen
or laundry, and

(d)
has rooms, some or all of which may have private kitchen and bathroom
facilities, that accommodate one or more lodgers,

but does not include backpackers’ accommodation, a group
home, hotel or motel accommodation, seniors housing or a serviced
apartment”.

The proposal is defined as a boarding house and forms a
permissible use in the zone and satisfies the definition for boarding house

Objectives of the R2 Low Density zone to be reasonably
satisfied

The proposal reasonably satisfies the objectives of the
zone

2.7
– Demolition requires Development Consent

The demolition of a building or work may be carried out
only with development consent

The
development proposal seeks demolition of existing dwelling and ancillary
structures – relevant conditions included in the consent.

4.3
– Height of Buildings

9m as identified on Height of Buildings Map

7.9m gable roof ridge (RL 29.86)

4.4
– Floor Space Ratio

0.6:1 as identified on Floor Space Ratio Map (site area
408.4sqm)

FSR = 0.6:1

(245sqm)

4.5
– Calculation of floor space ratio and site area

FSR and site area calculated in accordance with Cl.4.5

Floor Space Ratio calculated in accordance with clause

6.7
– Essential Services

The
following services that are essential for the development shall be available
or that adequate arrangements must be made available when required:

Supply of
water, electricity and disposal and management of sewerage

Stormwater
drainage or on-site conservation

Suitable
vehicular access

Adequate facilities for the supply
of water and for the removal of sewage and drainage are available to this
site

The
proposed stormwater conditioned to drain to the street and absorption trench
subject to conditions of consent

The existing access and unchanged
to Mashman Avenue

State Environmental Planning Policy

Complies

State
Environmental Planning Policy 55 – Remediation of Land

Historically
used for residential purposes

Yes

State
Environmental Planning Policy – BASIX 2004

Valid
BASIX certificate provided Basix No. 774885S dated 8 Nov 16

Yes

State
Environmental Planning Policy (Infrastructure) 2007

Yes

STATE ENVIRONMENTAL PLANNING POLICY AFFORDABLE RENTAL HOUSING 2009

14. The proposal has been considered in relation to the
applicable provisions as per below;

Clause

Control

Proposed

Complies

25 Definition

In
this Division:

communal
living room” means a room within a boarding house or on site that is
available to all lodgers for recreational purposes, such as a lounge room,
dining room, recreation room or games room.

Communal room located the rear building on the ground floor
(19sqm) with appropriate functional internal dimensions with direct access to
private open space at rear of the site (north)

Yes

26
Land to which Division applies

This
Division applies to land within any of the following land use zones or within
a land use zone that is equivalent to any of those zones:

(a)
Zone R1 General Residential,

(b)
Zone R2 Low Density Residential,

(c)
Zone R3 Medium Density Residential,

(d)
Zone R4 High Density Residential,

(e)
Zone B1 Neighbourhood Centre,

(f)
Zone B2 Local Centre,

(g)
Zone B4 Mixed Use.

Site zoned R2 Low Density Residential under the Hurstville Local
Environmental Plan 2012

Yes

27Development to which Division applies

(1)
This Division applies to development, on land to which this Division applies,
for the purposes of boarding houses.

(2)
Despite subclause

(1),
this Division does not apply to development on land within Zone R2 Low
Density Residential or within a land use zone that is equivalent to that zone
in the Sydney region unless the land is within an accessible area

An
“accessible area is defined as follows “

land
that is within:

(a)
800 metres walking distance of a public entrance to a railway station or a
wharf from which a Sydney Ferries ferry service operates, or

(b)
400 metres walking distance of a public entrance to a light rail station or,
in the case of a light rail station with no entrance, 400 metres walking
distance of a platform of the light rail station, or

(c)
400 metres walking distance of a bus stop used by a regular bus service
(within the meaning of the Passenger Transport Act 1990) that has at least
one bus per hour servicing the bus stop between 06.00 and 21.00 each day from
Monday to Friday (both days inclusive) and between 08.00 and 18.00 on each
Saturday and Sunday.

The site zoned R2 Low Density Residential and is within an
accessible area as the subject site is located 221m walking distance to the
public entrance of Kingsgrove Station to the north-east.

Yes

28Development may be carried out with consent

Development to which this Division applies may be carried out
with consent

Development consent sought as part of this development
application

Yes

29Standards that cannot be used to refuse consent

(1) A
consent authority must not refuse consent to development to which this
Division applies on the grounds of density or scale if the density and scale
of the buildings when expressed as a floor space ratio are not more than:

(a)
the existing maximum floor space ratio for any form of residential
accommodation permitted on the land, or

Residential 0.6:1 FSR sought compliant with HLEP 2012

Yes

(2) A consent authority must not refuse consent to development
to which this Division applies on any of the following grounds:

(a) building height

if the building height of all proposed buildings is not more
than the maximum building height permitted under another environmental
planning instrument for any building on the land,

(9m HLEP 2012)

7.9m gable roof ridge (RL 29.86)

Yes

(b) landscaped area

if the landscape treatment of the front setback area is
compatible with the streetscape in which the building is located,

Landscape treatment with front setback is compatible with the
streetscape and only consists of a pathway and driveway. It is noted that the
existing driveway crossing is proposed to remain.

Yes

(c) solar access

where the development provides for one or more communal living
rooms, if at least one of those rooms receives a minimum of 3 hours direct
sunlight between 9am and 3pm in mid-winter

3 hours of solar access achieved to communal living room on
ground floor given the due north aspect and sliding door along the north
elevation

Yes

(d) private open space

if at
least the following private open space areas are provided (other than the
front setback area):

(i)
one area of at least 20 square metres with a minimum dimension of 3 metres is
provided for the use of the lodgers,

Private open space provided at the rear north of the site and
behind the front setback with a total area of 93sqm and minimum dimension of
3m

Yes

(e) parking if

(i) in
the case of development in an accessible area—at least 0.2 parking
spaces are provided for each boarding room, and

if
each boarding room has a gross floor area (excluding any area used for the
purposes of private kitchen or bathroom facilities) of at least:

(i)12
square metres in the case of a boarding room intended to be used by a single
lodger

(ii)
16 square metres in any other case.

(3) A
boarding house may have private kitchen or bathroom facilities in each
boarding room but is not required to have those facilities in any boarding
room.

(4) A
consent authority may consent to development to which this Division applies
whether or not the development complies with the standards set out in
subclause (1) or (2).

Calculation excluding private kitchen and bathroom

B4:15sqm

B1: 17.1sqm

B2: 15.1sqm

B3: 15.1sqm

B5: 18.3sqm

B6: 17.2sqm

B7:19.2sqm

B8: 19sqm

Private kitchens and bathroom facilities provided in each
boarding room

The proposal complies with requirements within this Division

Yes

Yes

Yes

Yes

Yes

30Standards for boarding houses

(1) A consent authority must not consent to development to which
this Division applies unless it is satisfied of each of the following:

(a) if
a boarding house has 5 or more boarding rooms, at least one communal living
room will be provided,

(b) no
boarding room will have a gross floor area (excluding any area used for the
purposes of private kitchen or bathroom facilities) of more than 25 square
metres,

(c) no
boarding room will be occupied by more than 2 adult lodgers,

(d)
adequate bathroom and kitchen facilities will be available within the
boarding house for the use of each lodger,

(e) if
the boarding house has capacity to accommodate 20 or more lodgers, a boarding
room or on site dwelling will be provided for a boarding house manager,

(h) at
least one parking space will be provided for a bicycle, and one will be
provided for a motorcycle, for every 5 boarding rooms.

The proposal consists of 8 boarding rooms and one communal room
located at the rear of the ground floor has been provided

No boarding room greater than 25sqm

Boarding room maximum per room 2 adult lodgers as per plan of
management

Bathrooms and kitchens provided within each room

Maximum capacity is 15 lodgers. No boarding house manager
required

Two (2) motorcycle/bike spaces spaces provided on site within
the front setback

Yes

Yes

Yes

Yes

Yes

Yes

30ACharacter of local area

A
consent authority must not consent to development to which this Division
applies unless it has taken into consideration whether the design of the
development is compatible with the character of the local area.

The proposal adopts a built form which is comparable to a
dwelling house in relation to height, setback and aesthetic design features.
The proposal is compatible with the streetscape and provides adequate
landscaped area within the front setback. A detailed analysis has been
provided under Section 4.1 Dwelling House Standard Lots

Yes (1) refer to discussion below for additional information

(1) Clause
30A – Character of local area

15. Clause
30A states that Council cannot grant consent to a boarding house unless it has
taken into consideration whether the design of the development is compatible
with the character of the local area.

16. Case
law has held that the test in Clause 30A is “one of compatibility not
sameness” (Gow v Warringah Council [2013] NSWLEC 1093 (15 March 2013)).
Compatibility is widely accepted to mean “capable of existing together in
harmony” (Project Venture Developments Pty Ltd v Pittwater Council [2005]
NSWLEC 191.

17. It
has also been held that in assessing ‘compatibility’ both the
existing and future character of the local area needs to be taken into account
(Sales Search Pty Ltd v The Hills Shire Council [2013] NSWLEC 1052 (2 April
2013) and Redevelop Projects Pty Ltd v Parramatta City Council [2013] NSWLEC
1029).

Relationship to the Existing and Future Character of the
Local Area

18. In
Redevelop Projects Pty Ltd v Parramatta City Council [2013] NSW LEC 1029,
Commissioner Morris concluded that the ‘local area’ includes both
sides of the street and the ‘visual catchment’ as the minimum area
to be considered in determining compatibility.

19. With
regard to the subject site, the ‘local area’ is taken to include at
least the three (3) properties to the side (west) of the site, “The
Pottery” adjoining the site to the east which comprises of a 5-7 storey
mixed use development and two (2) properties across the road to the south.
Within this local area, the dwelling houses are generally constructed circa
1960’s.

20. The
dwellings along Mashman Avenue are generally defined by masonry low front
fences with hardstand parking areas/driveways and landscaping at the front of
each property.

21. The
proposed development is of a similar bulk and scale to the existing
developments in the vicinity of the site and the presentation to the street is
compatible with the surrounding locality. The development is consistent
with the established character and appearance of the locality.

Comparison Table

22. The
character of an area is not only defined by what is physically existing on the
adjoining allotments, but also what is permitted under the planning controls
which apply at the time. The proposal adopts a built form commensurate to that
of a two (2) storey dwelling house. As previously stated within the
report, the proposal complies with the floor space ratio, height of buildings,
private open space, landscaping and car parking requirements of State
Environmental Planning Policy (Affordable Rental Housing) 2009 which override
Council’s controls.

23. Whilst
Council does not have prescribed controls for the built form of boarding
houses, as a “best fit in consideration with the Character Test”,
the proposal has been considered against the provisions Section 4.1 Single Dwelling
Houses and Section 4.2 Dual Occupancy of Development Control Plan No 1 –
LGA Wide below;

Control

Single Dwelling

Dual Occupancy

Proposal

Height

Maximum ceiling height

9m

7.2m

9m

6.8m

7.9m

7.2m

Floor Space Ratio

0.6:1 (0.55:1 for dwelling house only)

0.6:1

0.6:1

Landscape

20%

20%

31%

Setbacks:

Front (*)

Garage/carport

At Grade Parking

Rear setback:

Ground

First

Side setback:

Ground

First

4.5m

5.5m

At least 1 space must be located behind the building line.

3m

6m

900mm

1.2m

4.5m

5.5m

No specific setback control for uncovered parking

7m

9m

900mm

1.2m

5.6m

5.6m

One space within garage and one hardstand within eastern
side setback

6.15m

6.15m

E: 2845mm

W: 1200mm

E: 2845mm

W: 1200mm

Visual and Acoustic Privacy

1m offset/ appropriate treatment

1m offset/appropriate treatment

Sufficient offset/treatment to adjoining neighbouring
windows

Solar Access

3 hours solar access during Winter Solstice

3 hours solar access during Winter Solstice

3 hours solar access achieved to the primary living areas
and private open space of adjoining dwellings.

Drainage

Gravity, easement or charged system

Gravity or easement

24. As
is demonstrated by the above table, the proposed development is generally
consistent with the key controls applicable to the construction of a single
dwelling house or dual occupancy development. The bulk and scale of the
development is more comparable to a single dwelling house and the size of the
land would not be suitable for a dual occupancy development. As single dwelling
house controls are considered to have greater relevance. Given the above, it is
considered that the proposed development is consistent with the desired future
character of the locality

Any other matters prescribed by the Regulations

25. The
Regulations prescribe the following matters for consideration for development
in the Hurstville Council area:

Demolition

26. Safety
standards for demolition and compliance with AS 2601 - 2001 apply to the
demolition of any buildings affected by the proposal.

3. Development
Control Plans

HURSTVILLE DEVELOPMENT CONTROL PLAN NO 1

27. Hurstville DCP No.1 (Amendment No.5) – Effective 13
July 2016

The
proposal has been considered against the relevant provisions within this
subsection as follows;

Section 3.1 Vehicular Access, Parking and
Manoeuvring

Adequate vehicular, parking and manoeuvrability has been provided
on site in accordance with the Australian Standards. In this regard, the intent
of this subsection has been satisfied.

28. Section 3.3 Access and Mobility

The proposal is considered to satisfy the requirements of this
subsection whereby the proposal has provided two (2) adaptable units being
rooms (B2 and B3) and has provided one accessible space in accordance with
Councils controls which requires one accessible space per ten boarding rooms or
part thereof. The proposal must satisfy requirements of the BCA and Australian
Standards are part of CC requirements.

29. Section 3.4 Crime Prevention Through Environmental Design

The proposal has been considered in accordance with the relevant
provisions. The proposal allows opportunities for passive and casual
surveillance to and from the street. The plan of management provided forms part
of the development consent and covers acceptable behaviour of boarders and
visitors in relation to use.

30. Section 3.5 Landscaping

The proposal is considered to provide adequate landscaping and
tree planting. In this regard the intent of this subsection has been satisfied.

31. Section
3.7 Stormwater

The proposal seeks to drain to the street (Mashman Avenue) at the
front of the site via charged system. Absorption trenches are conditioned at
the rear of the property. This is supported by Council’s Development
Engineer subject to conditions of consent.

32. As discussed earlier
in this report, Development Control Plan No 1 contains no specific built form
controls for boarding house developments. Even so, for the purposes of
assessing the relationship of the proposal with the character of the area, the
development was considered against the key provisions relating to single
dwelling house and dual occupancy developments. The proposal was found to
be generally consistent with these controls and consequently considered to be
compatible with the surrounding locality.

Natural Environment

33. The proposal does
not seek to remove any significant trees under protected under Council’s
Tree Preservation Order or trees identified under the Threatened Species Act
1995. The proposal seeks to drain to the rear which is consistent with
Council’s requirements. As earlier discussed within the report,
fill along the side (east) and (west) setbacks are not supported and are
conditioned to be deleted as part of the Construction Certificate.

Built Environment

34. The proposal is considered
not to result in any adverse material impact to the built environment as the
proposal adopts a built form similar to a dwelling house which is compatible to
the surrounding area.

Social Impact

35. The proposal is not
considered to result in any adverse material social impact. The proposal meets
the requirements of SEPP ARH 2009. A plan of management has been considered and
is considered to be acceptable. The plan of management is conditioned as part
of the development consent.

Economic Impact

36. The proposal is not considered to result in any adverse
material economic impact given that the boarding house provides affordable
housing opportunities within the locality.

Suitability of the Site

37. The proposal is
suitable for the subject site for the reasons contained within this report.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC
INTEREST

Resident

38. Two hundred and
five (205) adjoining residents/occupiers were notified and renotified by letter
and given fourteen (14) days in which to view the plans and submit any comments
on the proposal. In response, ten (10) submissions were received raising
the following concerns;

Parking

39. Concerns were raised in relation to on street parking and
impact of development to existing street network in particular on the corner of
Mashman and Colvin Streets.

Comment: The proposal has provided two (2) car parking spaces and two (2)
motorcycle spaces in accordance with SEPP ARH 2009 which complies. All required
parking is provided on site which is compliant and seeks to utilise the
existing driveway crossing which is not considered to be unreasonable.

Boarding house, increased density, overcrowding

40. Concerns were raised
that the boarding house is not appropriate for the area given the allotment
size.

Comment: The proposed boarding house is permissible use within the R2 Low
Density Residential Zone under the HLEP 2012 and the location of the proposal
satisfies the accessible location criteria and lodgement of SEPP ARH 2009. It
is considered that proximity to the Kingsgrove Railway Station and mixed use
development in an appropriate location for this type of use.

Pedestrian and vehicular safety,

41. Concerns were raised regarding pedestrian and vehicular
safety

Comment: The proposal is not considered to result in any adverse material
impact in relation to pedestrian access and vehicular safety

Character

42. Concerns were raised in
relation to impacts to the character of the streetscape and area.

Comment: The proposal adopts a built form which is compatible with the
streetscape and area. The design of the proposal incorporates an architectural
style and setbacks of a dwelling house, similar to that of residential
dwellings within the locality.

Impact on amenity

43. Concerns were raised in relation to the
enjoyment of adjoining properties, privacy, excessive noise and undesirable
persons.

Comment: The proposal is not considered to result in any significant adverse
material impacts in relation to amenity. The proposal is for a permissible use
in the zone.

44. Elevated ground floor and first floor windows contain
bedroom windows of a minimum sill height of 1.2m above each floor. The Boarding
room 4 front balcony is orientated to the street. All windows along the eastern
and western side elevations are conditioned to be frosted. In this regard, no
unreasonable privacy impacts are generated from the proposal and use. No
bedroom windows face the eastern elevation. Only two bedroom windows face the
western side boundary which is not dissimilar to a dwelling house.

45. The common room and private open space is located at the
rear of the site to minimise noise impacts and is bound by the plan of
management which limits noise and visitors to 10.00pm.

46. The plan of management which
forms part of the conditions of consent specify expectations of boarders and
visitors. The plan of management forms part of the ongoing use of the premises.

Alternative
accommodation

47. It was suggested that other existing forms of
accommodation should be utilised instead of the proposal for the boarding
house.

Comment: The proposal seeks a permissible use within the zone and is
considered to provide housing choice within the locality.

Comment: The
application was renotified in accordance with Council’s requirements.

Council Referrals

Development Engineer

48. Council’s Development
Engineer supports the proposal subject to conditions of consent.

Environmental Health and Building Surveyor

49. Council’s Environmental Health and Building Surveyor
supports the proposal subject to conditions of consent

External Referrals

Sydney Trains

50. The proposal was referred to Sydney Trains on 28 Nov 16.
Council received correspondence from
Sydney Trains on 16 Jan 17 supporting the proposal subject to conditions
relating to noise and vibration, stray current and electrolysis from rail operations,
use of lights and reflective materials, demolition, excavation and construction
impacts, drainage, fencing, crane and other aerial operations and high voltage
transmission line. The requirements from Sydney Trains are include within the
conditions of consent.

6. CONCLUSION

51. The proposal forms a permissible use within the R2 Low
Density Residential Zone under the Hurstville Local Environmental Plan 2012.
The proposal satisfies the requirements of State Environmental Planning Policy
(Affordable Rental Housing) 2009 and other applicable State and Local planning
provisions. The proposal as assessed has been amended during the assessment
process to result in a better design outcome which has reduced impacts to
adjoining properties and improved amenity for future occupants. In this regard,
for the reasons contained within this report, the proposal is considered to be
worthy of approval.

CC2004 - Development
Assessment - Design Change - The following design changes are
required and are to be incorporated into the plans to be lodged with the
Construction Certificate application.

The submitted concept hydraulic plan shall be amended to indicate:

(a) the interception of runoff, from impervious surfaces
such as driveway and footpath, and its management through an absorption system
in accordance with Development Control Plan 1, Appendix 2, Section 9 - Design
Guidelines for Absorption Trenches;

(b) the provision of an On Site Detention system.

These design changes are to be incorporated into the Detailed Hydraulic
Plans submitted for approval with the Construction Certificate Application.

(c) All
ground floor and first floor windows along the western and eastern side
elevations are to be frosted glass.

(d) A 1.8m high
privacy screen is to be erected along the western side elevation of the rear
terrace.

(e) Motorcycle
space to be line marked on hardstand.

53. These
design changes are to be incorporated into Plans submitted for approval with
the Construction Certificate

RECOMMENDATION

54. THAT
pursuantto Section 80(1)(a) of the Environmental Planning and
Assessment Act, 1979, as amended, the Council, grants development consent to
Development Application DA2016/0309 for demolition of existing dwelling and
construction of a two storey boarding house with eight (8) x boarding rooms on
Lot 5 in DP 19078 and is known as 9 Mashman Avenue, Kingsgrove subject to the
attached conditions:

Schedule A –
Site Specific Conditions

GENERAL CONDITIONS

These conditions have been
imposed to ensure that the development is carried out in accordance with the
approved plans and to ensure that the appropriate fees and bonds are paid in
relation to the development.

~ GEN1001
- Approved Plans - The development must be implemented in accordance
with the approved plans and supporting documentation listed below which have
been endorsed by Council’s approved stamp, except where marked up on the
plans and/or amended by conditions of this consent:

~ GEN1023 - Section 94A
Contributions - As at the date of Development Consent a contribution
of $4,950.00 has been levied on the subject development pursuant to
Section 94A Contributions Plan. The amount to be paid is to be adjusted at the
time of the actual payment, in accordance with the provisions of the Section
94A Development Contributions Plan.

The contribution
must be paid prior to the release of a Construction Certificate as specified in
the development consent

Please contact Council prior to payment to determine
whether the contribution amounts have been indexed from that indicated above in
this consent and the form of payment that will be accepted by Council.

Form of payment for transactions $500,000 or over -
Council will only accept Bank Cheque or Electronic Funds Transfer (EFT) for
transaction values of $500,000 or over. Council must be contacted prior to
payment to determine correct total amount to be paid and bank account details
(if applicable).

Contributions
must be receipted by Council before a Construction Certificate is issued.

The Section
94A Contributions Plan may be inspected at Council’s Customer Service
Centres or online at www.georgesriver.nsw.gov.au.

~GEN1002
- Fees to be paid to Council - The fees
listed in the table below must be paid in accordance with the conditions of
this consent and Council’s adopted Fees and Charges applicable at
the time of payment.

Payments must be made prior to the issue of the
Construction Certificate or prior to the commencement of work (if there is no
associated Construction Certificate).

Please contact Council prior to the
payment of Section 94 Contributions to determine whether the amounts have
been indexed from that indicated below in this consent and the form of payment
that will be accepted by Council.

Form of payment for transactions
$500,000 or over - Council will only accept Bank Cheque or Electronic Funds
Transfer (EFT) for transaction values of $500,000 or over. Council must be
contacted prior to payment to determine correct total amount to be paid and
bank account details (if applicable)

(a) Fees to
be paid:

Fee types, bonds and contributions

Fee Type

Long Service
Levy (to Long Service Corporation)

Builders
Damage Deposit

Inspection
Fee for Refund of Damage Deposit

Section 94(A)

The following fees apply where you appoint Council as your Principal
Certifying Authority (PCA). (If you appoint a private PCA, separate fees will
apply)

PCA Services
Fee

$

Construction
Certificate Application Fee

$

Construction
Certificate Imaging Fee

$

Fees and charges above are subject to
change and are as set out in the version of Council's Schedule of Fees and
Charges or as required by other Government Authorities, applicable at the time
of payment.

~ GEN1014
- Long Service Levy - Submit evidence of payment of the Building and
Construction Industry Long Service Leave Levy to the Principal Certifying
Authority. Note this amount is based on the cost quoted in the Development
Application, and same may increase with any variation to estimated cost which
arises with the Construction Certificate application. To find out the amount
payable go to www.lspc.nsw.gov.au or
call 131441. Evidence of the payment of this levy must be submitted with the
Construction Certificate application.

~ GEN1015
- Damage Deposit - Minor Works - In order to insure against damage to
Council property the following is required:

(a) Payment to Council of a damage deposit for the
cost of making good any damage caused to any Council property as a result of
the development: $1,900.00.

(b) Payment to Council of a non refundable
inspection fee to enable assessment of any damage and repairs where required: $145.00.

(c) At the completion of work Council will
inspect the public works, and the damage deposit will be refunded in full upon
completion of work where no damage occurs. Otherwise the amount will be either
forfeited or partly refunded according to the amount of damage.

(d) Prior to the commencement of work a
photographic record of the condition of the Council nature strip, footpath and
driveway crossing, or any area likely to be affected by the proposal, shall be
submitted to Council

(e) Payments pursuant to this condition are
required to be made to Council before the issue of the Construction
Certificate.

(f) Fees
and charges above are subject to change and are as set out in the version of
Council's Schedule of Fees and Charges or as required by other Government
Authorities, applicable at the time of payment.

SEPARATE APPROVALS UNDER OTHER
LEGISLATION

These conditions have been
imposed to ensure that the applicant is aware of any separate approvals
required under other legislation, for example: approvals required under the
Local Government Act 1993 or the Roads Act 1993.

Unless otherwise specified by a condition of this consent, this
Development Consent does not give any approval to undertake works on
public infrastructure.

A separate approval is required to be lodged and approved
under Section 138 of the Roads Act1993 and/or Section 68 of
the Local Government Act 1993 for any of the following
activities carried out in, on or over a public road (including the footpath):

(a) Placing or storing materials or equipment;

(b) Placing or storing waste containers or skip bins;

(c) Erecting a structure or carrying out work

(d) Swinging or hoisting goods over any part of a
public road by means of a lift, crane or the like;

(e) Pumping concrete from a public road;

(f) Pumping water from the site into the public road;

(g) Constructing a vehicular crossing or footpath;

(h) Establishing a “works zone”;

(i) Digging up or disturbing the
surface of a public road (e.g. Opening the road for the purpose of connections
to utility providers);

(j) Stormwater and ancillary works in the road reserve; and

(k) Stormwater and ancillary to public infrastructure on private
land

(l) If any excavation is to be supported by
the use of below ground (cable) anchors that are constructed under
Council’s roadways/footways.

These separate activity approvals must be obtained and evidence of the
approval provided to the Certifying Authority prior to the issue of the Construction
Certificate.

The relevant Application Forms for these activities can be downloaded
from Georges River Council’s website at: www.georgesriver.nsw.gov.au

For further information, please contact Council’s Customer Service
Centre on (02) 9330 6400.

~ APR7001
- Building - Hoarding Application - Prior to demolition of the buildings
on the site or the commencement of work above ground level a separate
application for the erection of an A class (fence type) hoarding, in accordance
with the requirements of Work Cover Authority of NSW, must be erected along
that portion of property boundaries adjoining the footway. An application for
this work under Section 68 of the Local Government Act 1993 and the Roads Act
1993 must be submitted for approval to Council.

The following information is to be submitted with a Hoarding Application
under s68 of the Local Government Act and s138 of the Roads Act 1993:

(a) A site and location plan of the
hoarding with detailed elevation, dimensions, setbacks, heights, entry and exit
points to/from the site, vehicle access points, location of public utilities,
electrical overhead wire protection, site management plan and builders sheds
location.

REQUIREMENTS OF OTHER
GOVERNMENT AGENCIES

These conditions have been
imposed by other NSW Government agencies either through their role as referral
bodies, concurrence authorities or by issuing General Terms of Approval under
the Integrated provisions of the Environmental Planning and Assessment Act
1979.

~ GOV1020
- NSW Government Agency – Sydney Trains

1. Noise and Vibration

§ An acoustic assessment is to be submitted
to Council prior to the issue of a Construction Certificate demonstrating how
the proposed development will comply with the Department of Planning’s
document titled “Development Near Rail Corridors and Busy Roads- Interim
Guidelines”.

2. Stray Currents and Electrolysis from
Rail Operations

§ Prior to the issue of a Construction
Certificate the Applicant is to engage an Electrolysis Expert to prepare a
report on the Electrolysis Risk to the development from stray currents. The
Applicant must incorporate in the development all the measures recommended in
the report to control that risk. A copy of the report is to be provided to the
Principal Certifying Authority with the application for a Construction
Certificate.

3. Use of Lights and Reflective Materials

§ The design, installation and use of
lights, signs and reflective materials, whether permanent or temporary, which
are (or from which reflected light might be) visible from the rail corridor
must limit glare and reflectivity to the satisfaction of Sydney Trains.

The Principal Certifying Authority shall
not issue the Construction Certificate until written confirmation has been
received from Sydney Trains confirming that this condition has been satisfied.

4. Demolition, Excavation and Construction
Impacts

§ Prior to the issue of a Construction
Certificate a Risk Assessment/Management Plan and detailed Safe Work Method
Statements (SWMS) for the proposed works are to be submitted to Sydney Trains
for review and comment on the impacts on the rail corridor. The Principal
Certifying Authority shall not issue the Construction Certificate until written

5. Drainage

§ Given the development site’s
location next to the rail corridor, drainage from the development must be
adequately disposed of/managed and not allowed to be discharged into the corridor
unless prior approval has been obtained from Sydney Trains.

§ Rainwater from the roof must not be
projected and/or falling into the rail corridor and must be piped down the face
of the building which faces the rail corridor.

6. Fencing

§ Prior to the commencement of works
appropriate fencing is to be in place along the rail corridor to prevent
unauthorised access to the rail corridor during construction. Details of the
type of fencing and the method of erection are to be to the satisfaction of Sydney
Trains prior to the fencing work being undertaken.

§ The development shall have appropriate
fencing fit for the future usage of the development site to prevent
unauthorised access to the rail corridor by future occupants of the
development. Prior to the issuing of an Occupation

Certificate the Applicant shall liaise
with Sydney Trains regarding the adequacy of any existing fencing along the
rail corridor boundary. Details of the type of new fencing to be installed and
the method of erection are to be to the satisfaction of Sydney Trains prior to
the fencing work being undertaken.

7. Crane and Other Aerial Operations

§ If a crane is to be used at any stage of
the proposed works, the following condition applies:

Prior to the issuing of a Construction
Certificate the Applicant is to submit to Sydney Trains a plan showing all
craneage and other aerial operations for the development and must comply with
all Sydney Trains requirements. The Principal Certifying Authority shall not
issue the Construction Certificate until written confirmation has been received
from Sydney Trains confirming that this condition has been satisfied.

8. High Voltage Transmission Line

§ Sydney Trains advises they have an 11kV
H/V aerial transmission line near to this site and any works, scaffolding and
crane movements within 6 metres of the nearest transmission line conductor must
be discussed and approved by Sydney Trains beforehand.

§ In addition, all works within 6 metres of
the nearest transmission line conductor must comply with:

- ISSC 20
– Guideline for the Management of Activities within Electricity Easements
and Close to Electricity Infrastructure.

These conditions either require
modification to the development proposal or further investigation/information
prior to the issue of the Construction Certificate to ensure that there is no
adverse impact.

~ CC2022
- Development Assessment - Design - Excavation/Filling near boundaries -
To minimise any potential impact on the soil stability of adjoining properties,
no fill is permitted between the side boundaries between western side elevation
to the western side boundary and eastern side elevation to the eastern side
boundary. The natural ground level is to remain.

The above submitted stormwater plan has been
assessed as a concept plan only and no detailed assessment of the design has
been undertaken. A detailed drainage design supported by a catchment area plan
and drainage calculations (including a Hydraulic Grade Line Analysis) must be
submitted with the Construction Certificate application.

~ CC7006
- Building - Vibration Damage - To minimise vibration damage and loss of
support to the buildings in close proximity to the development, any excavation
is to be carried out by means of a rock saw and if available, in accordance
with the guidelines of the Geotechnical Engineer’s report.

Alternatively where a hydraulic hammer is to be used within 30 metres of
any building (other than a path or a fence) a report from a qualified
geotechnical engineer detailing the maximum size of hammer to be used is to be
obtained and the recommendations in that report implemented during work on the
site. The report shall be submitted with the Construction Certificate
application.

~ CC7008
- Building - Access for Persons with a Disability - Access for persons
with disabilities must be provided to the site, including the carpark area in
accordance with the requirements of the Premises Standards, the Building Code
of Australia and AS 1428.1. Details must be submitted with the Construction
Certificate Application.

~ CC7019
- Building - Evacuation diagrams

Evacuation diagrams complying with the relevant requirements of AS
3745-2010 shall be prepared in conjunction with an appropriately qualified
person or firm. The evacuation diagrams shall be located in prominent locations
throughout the common areas of the building including on the inside of each
door providing access to each bedroom or sole-occupancy unit. Details of the
evacuation diagrams shall be submitted with the Construction Certificate
Application.

All waste, recycling and garden organics containers shall be stored
within the open space.

Note:- These conditions are to be placed in the Section
that deals with the ‘ONGOING CONDITIONS’.

~ CC2003
- Development Assessment - Construction Site Management Plan - Major
Development - A Site Management Plan must be submitted with the application
for the Construction Certificate, and must include the following measures:

· location
of protective site fencing;

· location
of site storage areas/sheds/equipment;

· location
of building materials for construction, e.g. stockpiles

· provisions
for public safety;

· dust
control measures;

· method
used to provide site access location and materials used;

· details
of methods of disposal of demolition materials;

· method
used to provide protective measures for tree preservation;

· provisions
for temporary sanitary facilities;

· location
and size of waste containers/skip bins;

· details
of proposed sediment and erosion control measures;

· method
used to provide construction noise and vibration management;

· construction
traffic management details.

The site management measures are to be implemented prior to the
commencement of any works including demolition and excavation. The site
management measures are to be maintained throughout the works, to maintain
reasonable levels of public health, safety and amenity. A copy of the
Site Management Plan must be retained on site and is to be made available upon
request.

~ CC2004
- Development Assessment - Design Change - The following design changes
are required and are to be incorporated into the plans to be lodged with the
Construction Certificate application.

The submitted concept hydraulic plan shall be
amended to indicate:

(a) the interception of runoff, from impervious
surfaces such as driveway and footpath, and its management through an
absorption system in accordance with Development Control Plan 1, Appendix 2,
Section 9 - Design Guidelines for Absorption Trenches;

(b) the provision of an On Site Detention system.

These design changes are to be incorporated into the Detailed Hydraulic
Plans submitted for approval with the Construction Certificate Application.

(c) All
ground floor and first floor windows along the western and eastern side
elevations are to be frosted glass.

(d) A 1.8m
high privacy screen is to be erected along the western side elevation of the
rear terrace.

(e) Motorcycle
space to be line marked on hardstand.

These design
changes are to be incorporated into Plans submitted for approval with the Construction
Certificate

~ CC2008
- Development Assessment - Landscape Plan - A detailed
landscape plan, drawn to scale, by a qualified landscape architect or landscape
designer, must be submitted prior to the issue of the Construction Certificate.
The plan must include:

(i) Location
of existing and proposed structures on the site including existing trees (if
applicable);

~ CC7002
- Building - Fire Safety Measures prior to Construction Certificate -
Prior to the issue of a Construction Certificate a list of the essential fire
safety measures that are to be provided in relation to the land and any
building on the land as a consequence of the building work must accompany an
application for a construction certificate, which is required to be submitted
to either Council or a Certifying Authority. Such list must also specify the
minimum standard of performance for each essential fire safety measure included
in the list. The Council or Certifying Authority will then issue a Fire Safety
Schedule for the building.

~ CC3001
- Development Engineering - Stormwater System

Reference No.

Date

Description

Revision

Prepared by

Job 16090 Sheet H1/1

7/10/’16

Stormwater Plan

-

ACM Civil & Structural Engineers P/L

The above
submitted stormwater plan has been assessed as a concept plan only and no
detailed assessment of the design has been undertaken.

(a) All roof waters and all overflows from any
rainwater tank shall drain to Council’s kerb and gutter directly in front
of the development site by a suitably designed charged system, with gravity
fall across Council’s footpath from an inspection pit within the property
to Council’s kerb and gutter directly in front of the development site.

All outlets from any charged system must be constructed at 45 degrees to
the direction of flow in the street gutter.

The design of
this proposed drainage system must be prepared by a qualified practising
hydraulics engineer (with details of qualifications being provided) and be
submitted for approval with the Construction Certificate application.

(b) All surface water runoff from such impervious
surfaces as driveway and footpath shall drain to a suitability designed
absorption trench in the rear yard - in accordance with Appendix 2, Section 9
of Council’s DCP1. Such trenches must be located at least 3m from any
property boundary and be constructed across the contour of the land.

The design of
this proposed drainage system must be prepared by a qualified practising
hydraulics engineer (with details of qualifications being provided). Certification
of the adequacy of the absorption trench system for the surface area being
drained shall also be provided by the hydraulics engineer.

Design
details and certification shall be submitted for approval with the
Construction Certificate application.

~ CC7004
- Building - Structural details - Structural plans, specifications and
design statement prepared and endorsed by a suitably qualified practising
structural engineer who holds the applicable Certificate of Accreditation as
required under the Building Professionals Act 2005 shall be submitted along
with the Construction Certificate application to the Certifying Authority for
any of the following, as required by the building design:

(a) piers

(b) footings

(c) slabs

(d) columns

(e) structural steel

(f) reinforced building elements

(h) retaining walls

(i) stabilizing works

(j) structural framework

~ CC3005
- Development Engineering - On Site Detention

Reference No.

Date

Description

Revision

Prepared by

Job 16090 Sheet H1/1

7/10/’16

Stormwater Plan

-

ACM Civil & Structural Engineers P/L

The above
submitted stormwater plan has been assessed as a concept plan only and no
detailed assessment of the design has been undertaken.

An on-site detention (OSD) facility designed by a professional hydrological/hydraulic
engineer, shall be installed. The design must include the computations of
the inlet and outlet hydrographs and stage/storage relationships of the
proposed OSD using the following design parameters:

(a) Peak flow rates from the site are to be
restricted to a permissible site discharge (PSD) equivalent to the discharge
when assuming the site contained a single dwelling, garage, lawn and garden, at
Annual Recurrence Intervals of 2 years and 100 years.

(b) The OSD facility shall be designed to meet all legislated safety
requirements and childproof safety fencing around the facility must be provided
where the OSD facility is open or above ground when the design peak storage
depth is greater than 300mm. A durable metal plate or similar sign is to be
placed at the OSD facility and must bear the words:

"This is an on-site detention basin/tank
and is subject to possible surface overflow during heavy storms."

Full details shall accompany the application for
the Construction Certificate

~ CC8001
- Waste - Waste Management Plan - A Waste Management Plan incorporating
all requirements in respect of the provision of waste storage facilities,
removal of all materials from the site that are the result of site, clearing,
extraction, and, or demolition works and the designated Waste Management
Facility shall be submitted to the Principal Certifying Authority and copy
provided to the Manager - Environmental Services, Georges River Council prior
to the issue of any Construction Certificate.

~ CC2001
- Development Assessment - Erosion and Sedimentation Control - Erosion
and sediment controls must be provided to ensure:

(a) Compliance with the approved Erosion and Sediment Control Plan

(b) Removal or disturbance of vegetation and top
soil is confined to within 3m of the approved building area (no trees to be
removed without approval)

(c) all clean water run-off is diverted
around cleared or exposed areas

(d) silt fences, stabilised entry/exit points or
other devices are installed to prevent sediment from entering drainage
systems or waterways

(e) all erosion and sediment controls are fully
maintained for the duration of demolition, excavation and/or development works

(f) controls are put into place to
prevent tracking of sediment by vehicles onto adjoining roadway

(g) all disturbed areas are rendered
erosion-resistant by turfing, mulching, paving or similar

These measures are to be implemented before the commencement of work
(including demolition and excavation) and must remain until the issue of the
Occupation Certificate.

PRIOR TO THE COMMENCEMENT OF
WORK (INCLUDING DEMOLITION AND EXCAVATION)

These conditions have been
imposed to ensure that all pre-commencement matters are dealt with and
finalised prior to the commencement of work.

~ PREC2002
- Development Assessment - Demolition and Asbestos - The demolition work
shall comply with the provisions of Australian Standard AS2601:2011 -
Demolition of Structures, NSW Work Health and Safety Act 2011 and the NSW Work
Health and Safety Regulation 2011. The work plans required by AS2601-2001 shall
be accompanied by a written statement by a suitably qualified person that the
proposals contained in the work plan comply with the safety requirements of the
Standard. The work plans and the safety statement shall be submitted to the
Principal Certifying Authority prior to the commencement of works.

For demolition work which involves the removal of asbestos, the asbestos
removal work must be carried out by a licensed asbestos removalist who is
licensed to carry out the work in accordance with the NSW Work Health and
Safety Act 2011 and the NSW Work Health and Safety Regulation 2011 unless
specified in the Act and/or Regulation that a license is not required.

The asbestos removal work shall also be undertaken in accordance with the
How to Safely Remove Asbestos: Code of Practice published by Work Cover NSW.

Copies of the Act, Regulation and Code of Practice can be downloaded free
of charge from the Work Cover NSW website: www.workcover.nsw.gov.au

~ PREC7001
- Building - Registered Surveyor’s Report - During Development Work
- A report must be submitted to the Principal Certifying Authority at each of
the following applicable stages of construction:

(c) Completion
of Foundation Walls - Before any construction of flooring, detailing the
location of the structure relative to adjacent boundaries and floor levels
relative to the datum shown on the approved plans.

(d) Completion
of Floor Slab Formwork - Before pouring of concrete/walls construction,
detailing the location of the structure relative to adjacent boundaries and
floor levels relative to the datum shown on the approved plans. In
multi-storey buildings a further survey must be provided at each subsequent
storey.

(g) Completion
of all Work - Detailing the location of the structure (including eaves/gutters)
relative to adjacent boundaries and its height relative to the datum shown on
the approved plans. A final Check Survey must indicate the reduced level
of the main ridge.

(h) Other.

Work must not
proceed beyond each stage until the Principal Certifying Authority is satisfied
that the height and location of the building is proceeding in accordance with
the approved plans.

DURING WORK

These conditions have been
imposed to ensure that there is minimal impact on the adjoining development and
surrounding locality during the construction phase of the development.

~ CON3001
- Development Engineering - Physical connection of stormwater to site

No work is
permitted to proceed above the ground floor slab level of the building until
there is physical connection of the approved stormwater drainage system from
the land the subject of this consent to Council's kerb and gutter directly in
front of the development site in Mashman Avenue.

~ CON7001
- Building - Structural Engineer’s Certification during construction
- The proposed structure/building must be constructed in accordance with
details designed and certified by the practising qualified structural engineer.
All structural works associated with the foundations, piers, footings and slabs
for the proposed building must be inspected and structurally certified for
compliance by an independent practising geotechnical and structural engineer.
In addition a Compliance or Structural Certificate, to the effect that the
building works have been carried in accordance with the structural design, must
be submitted to the Principal Certifying Authority at each stage of
construction or prior issue of the Occupation Certificate.

~ CON2001
- Development Assessment - Hours of construction, demolition and building
related work - Any work activity or activity associated with the
development consent that requires the use of any tools (including hand tools)
or any power operated plant and machinery that creates noise on or adjacent to
the site shall not be performed, or permitted to be performed, except between
the hours of 7.00 am to 5.00 pm, Monday to Saturday inclusive. No work or
ancillary activity shall be permitted to be performed on any Sunday, Good Friday,
Christmas Day or any Public Holiday. A penalty infringement notice may be
issued for any offence.

In addition to the foregoing requirements, construction work on all
buildings (except that on single dwelling houses and associated structures on
the site of a single dwelling house) shall be prohibited on Saturdays and
Sundays on weekends adjacent to a public holiday.

~ CON6002
- Engineering - Obstruction of Road or Footpath - The use of the road or
footpath for the storage of any building materials, waste materials, temporary
toilets, waste or skip bins, or any other matter is not permitted unless
separately approved by Council under Section 138 of the Roads Act and/or under
Section 68 of the Local Government Act 1993. Penalty Infringement Notices may be
issued for any offences and severe penalties apply.

PRIOR TO THE ISSUE OF THE
OCCUPATION CERTIFICATE

These conditions have been
imposed to ensure that all works have been completed in accordance with the
Development Consent prior to the issue of the Occupation Certificate.

~ OCC3001
- Development Engineering - Positive Covenant for On-site Detention Facility
- A Positive Covenant is to be created over any on-site detention facility.

This covenant is to be worded as follows:

"It is the responsibility of the lots burdened to keep the
"On-Site Detention" facilities, including any ancillary pumps, pipes,
pits etc, clean at all times and maintained in an efficient working condition.
The "On-Site Detention" facilities are not to be modified in any way
without the prior approval of Council."

Georges River Council is to be nominated as the Authority to release,
vary or modify this Covenant.

The Positive Covenant shall be registered at the NSW Department of Lands
prior to the issue of a Final Occupation Certificate.

~ OCC3002
- Development Engineering - Works as Executed and Certification of
Stormwater works - PriortotheissueofanOccupationCertificate,thePrincipalCertifyingAuthoritymustensurethatthestormwater
drainage
systemhas been
constructed
in accordance
with the approved design
and relevantAustralian
Standards.

A works-as-executed drainage plan and certification must be forwarded to
the Principal Certifying Authority and Georges River Council, from a suitably
qualified and experienced Hydraulic Consultant/Engineer.

This Plan and Certification shall confirm that the design and
construction of the stormwater drainage system satisfies the conditions of
development consent and the Construction Certificate stormwater design details
approved by the Certifying Authority.

The works-as-executed drainage plan must prepared by a suitably qualified
and experienced Hydraulic Engineer in conjunction with a Registered Surveyor
and the works-as-executed plan must include the following details (as
applicable):

(a) The location of any
detention basin/s with finished surface levels;

~ OCC7005
- Building - The proposed structure must be constructed in accordance
with details designed and certified by the practising qualified structural
engineer. In addition, Compliance or Structural Certificates, to the effect
that the building works have been carried in accordance with the structural
design, must be submitted to the Principal Certifying Authority prior issue of
the Occupation Certificate.

~ OCC7001
- Building - Fire Safety Certificate before Occupation or Use - In
accordance with Clause 153 of the Environmental Planning and Assessment
Regulation 2000 (the Regulation), on completion of building works and prior to
the issue of an Occupation Certificate, the owner must cause the issue of a
Final Fire Safety Certificate in accordance with Clause 170 of the Regulation.
The Fire Safety Certificate must be in the form required by Clause 174 of the
Regulation. In addition, each essential fire or other safety measure
implemented in the building or on the land on which the building is situated,
such a Certificate must state:

(a) That the measure has been assessed by a person
(chosen by the owner of the building) who is properly qualified to do so.

(b) That as at the date of the assessment the
measure was found to be capable of functioning at a standard not less than that
required by the attached Schedule.

A
copy of the certificate is to be given (by the owner) to the Commissioner
of Fire and Rescue NSW and a further copy is to be displayed in a frame
and fixed to a wall inside the building's main entrance.

~ OCC2004
- Development Assessment - BASIX Compliance Certificate - A Compliance
Certificate must be provided to the Principal Certifying Authority regarding
the implementation of all energy efficiency measures as detailed in the BASIX
Certificate No. 774885S dated 8 Nov 16 and in
the plans approved with the Development Consent/ Construction Certificate,
before issue of the Occupation Certificate.

~ OCC2005
- Development Assessment - Completion of Landscape Works - All landscape
works must be completed before the issue of the Final Occupation Certificate.

~ OCC6001
- Engineering - Vehicular crossing - Minor development - The vehicular
crossing and/or footpath works shall be constructed by a private contractor at
the expense of the beneficiary of this consent, in accordance with the Vehicular
Crossing Approval issued by Council’s Engineering Services Division
and in accordance withCouncil’sSpecification for
Vehicular Crossings and Associated Works and the issued.

Any existing vehicular crossing and/or laybacks which are redundant must
be removed. The kerb and gutter, any other footpath and turf areas shall be
restored at the expense of the beneficiary of this consent and in accordance
with Council’s Specification for Vehicular Crossings and Associated
Works.

Please Note: No stencilled or coloured concrete may be used
outside the boundary of the property.

The work must be completed before the issue of an Occupation
Certificate.

~ OCC6009
- Engineering - Stormwater drainage works - Works As Executed - Prior to
the issue of the Occupation Certificate, stormwater drainage works are to be
certified by a qualified stormwater engineer, with Works-As-Executed drawings
supplied to Council detailing:

(a) Compliance with conditions of development
consent relating to stormwater;

(b) The structural adequacy of the On-Site
Detention system (OSD);

(c) That the works have been constructed in
accordance with the approved design and will provide the detention storage
volume and attenuation in accordance with the submitted calculations;

(d) Pipe invert levels and surface levels to
Australian Height Datum;

(e) Contours indicating the direction in which
water will flow over land should the capacity of the pit be exceeded in a storm
event exceeding design limits.

~ OCC2007
- Development Assessment - Allocation of car parking spaces - Car
parking associated with the development is to be allocated as follows:

(a) Residential dwellings: Two car spaces. One motorcycle space.

ONGOING CONDITIONS

These conditions have been imposed
to ensure that the use or operation of the development does not adversely
impact on the amenity of the neighbourhood or environment.

~ ONG2009
- Development Assessment- Plan of Management.

The ongoing use must be carried out in strict
accordance with the approved Plan of Management prepared by A to Z architect
and Engineers received by Council on 7 June 17.

~ ONG7004
- Building - Noise levels emitted from mechanical exhaust systems
or any air conditioning unit must not exceed the background noise level when
measured at any point on the boundary of the site.

~ ONG4018
- Health - Amenity of the neighbourhood - The implementation of this
development shall not adversely affect the amenity of the neighbourhood or
interfere unreasonably with the comfort or repose of a person who is outside
the premises by reason of the emission or discharge of noise, fumes, vapour,
odour, steam, soot, dust, waste water, waste products, grit, oil or other
harmful products.

No vegetation, article, building material, waste or the like shall be
ignited or burnt whatsoever or in association with the work on site.

~ ONG7002
- Building - Annual Fire Safety Statement - In accordance with Clause
177 of the Environmental Planning and Assessment Regulation, 2000 the owner of
the building premises must cause the Council to be given an annual fire safety
statement in relation to each essential fire safety measure implemented in the
building. The annual fire safety statement must be given:

(a) Within
twelve (12) months after the date on which the fire safety certificate was
received.

(b) Subsequent
annual fire safety statements are to be given within twelve (12) months after
the last such statement was given.

(c) An
annual fire safety statement is to be given in or to the effect of Clause 181
of the Environmental Planning and Assessment Regulation, 2000.

(d) A copy of
the statement is to be given to the Commissioner of Fire and Rescue NSW, and a
further copy is to be prominently displayed in the building.

~ ONG2003
- Development Assessment - Maintenance of Landscaping - All trees and
plants forming part of the landscaping must be maintained on an ongoing basis.
Maintenance includes watering, weeding, removal of rubbish from tree bases,
fertilizing, pest and disease control and any other operations required to
maintain healthy trees, plants and turfed areas.

ADVICE

This advice has been included to provide
additional information and where available direct the applicant to additional
sources of information based on the development type.

~ ADV7001
- Building - Council as PCA - Deemed to Satisfy Provisions of BCA - Should
the Council be appointed as the Principal Certifying Authority in determining
the Construction Certificate, the building must comply with all the applicable
deemed to satisfy provision of the BCA. However, if an alternative
solution is proposed it must comply with the performance requirements of the
BCA, in which case, the alternative solution, prepared by an appropriately
qualified fire consultant, accredited and having specialist qualifications in
fire engineering, must justifying the non-compliances with a detailed report,
suitable evidence and expert judgement.

~ ADV7004
- Building - Council as PCA - Compliance with the BCA - Should Council
be appointed as the Principal Certifying Authority, the Construction
Certificate Application must be accompanied by the following details, with plans
prepared and certified by an appropriately qualified person demonstrating
compliance with the BCA:

a) The protection of openings,
located in accordance with Clause C3.2

b) Fire resisting construction
of all building elements including walls, floors and top floor ceilings
required under Table 4 and Clause 4.1 of Specification C1.1

e) Exit travel distances, at
first floor level, required by Part D1.4(a)

f) Natural light and
ventilation requirements in accordance with Part F4

g) Sound transmission and
insulation details in accordance with Part F5

~ ADV7005
- Building - Energy Efficiency Provisions - Should Council be appointed
as the Principal Certifying Authority, a report prepared and endorsed by an
Energy Efficiency Engineer or other suitably qualified person must be
submitted, detailing the measures that must be implemented in the building to
comply with Section J of the BCA. The proposed measures and feature of the
building that facilitate the efficient use of energy must be identified and
detailed on the architectural plans. At completion of the building and before
the issue of an Occupation Certificate, a certificate certifying that the
building has been erected to comply with the energy efficiency provisions must
be submitted to the Principal Certifying Authority. (Note: Energy
efficiency provisions relate only to new building work or the installation of
new measure. Existing building fabric and measures may not be upgraded.)

~ ADV7006
- Building - Compliance with Access, Mobility and AS4299 - Adaptable Housing
- Should the Council be appointed as the Principal Certifying Authority,
the Construction Certificate application must be accompanied by detailed
working plans and a report or a Certificate of Compliance from an Accredited
Access Consultant certifying that the building design and access to the
adaptable units (B2 and B3) complies with Development Control Plan No 1 - LGA
Wide - Section 3.3 Access and Mobility and AS 4299 Adaptable Housing.

Schedule B –
Prescribed Conditions

Prescribed conditions are those
which are mandated under Division 8A of the Environmental Planning and
Assessment Regulation 2000 and given weight by Section 80A (11) of the
Environmental Planning and Assessment Act 1979.

Detailed below is a summary
of all the prescribed conditions which apply to development in New South Wales.
Please refer to the full details of the prescribed conditions as in force, at www.legislation.nsw.gov.au.

It is the responsibility of the
beneficiary of this consent to determine which prescribed conditions apply.

~ PRES1001
- Clause 97A – BASIX Commitments - This Clause requires the
fulfilment of all BASIX Commitments as detailed in the BASIX Certificate to
which the development relates.

~ PRES1002
- Clause 98 – Building Code of Australia & Home Building Act 1989
- Requires all building work to be carried out in accordance with the Building
Code of Australia. In the case of residential building work to which the
Home Building Act 1989 relates, there is a requirement for a contract of
insurance to be in force before any work commences.

~ PRES1003
- Clause 98A – Erection of Signs - Requires the erection of signs
on site and outlines the details which are to be included on the sign.
The sign must be displayed in a prominent position on site and include the name
and contact details of the Principal Certifying Authority and the Principal
Contractor.

~ PRES1004
- Clause 98B – Home Building Act 1989 - If the development
involves residential building work under the Home Building Act 1989, no work is
permitted to commence unless certain details are provided in writing to
Council. The name and licence/permit number of the Principal Contractor
or Owner Builder and the name of the Insurer by which work is insured under
Part 6 of the Home Building Act 1989.

~ PRES1007
- Clause 98E – Protection & support of adjoining premises - If
the development involves excavation that extends below the level of the base of
the footings of a building on adjoining land, this prescribed condition requires
the person who benefits from the development consent to protect and support the
adjoining premises and where necessary underpin the adjoining premises to
prevent any damage.

Schedule C – Operational & Statutory
Conditions

These conditions comprise the
operational and statutory conditions which must be satisfied under the
Environmental Planning and Assessment Act 1979 and the Environmental Planning
& Assessment Regulation 2000. Please refer to the full details of the Act
and Regulations as in force, at www.legislation.nsw.gov.au.

It is the responsibility of the
beneficiary of this consent to determine which operational and statutory
conditions apply.

~ OPER1001
- Requirement for a Construction Certificate - The erection of a
building must not commence until a Construction Certificate has been issued by
the consent authority, the Council (if the Council is not the consent
authority) or an accredited certifier.

An
application form for a Construction Certificateis attached for
your convenience.

~ OPER1002
- Appointment of a Principal Certifying Authority - The erection of a
building must not commence until the beneficiary of the development consent
has:

(a) appointed
a Principal Certifying Authority (PCA) for the building work; and

(b) if
relevant, advised the PCA that the work will be undertaken as an Owner-Builder.

If the work is
not going to be undertaken by an Owner-Builder, then the beneficiary of the
consent must:

(a) appoint
a Principal Contractor to undertake the building work. If residential building
work (within the meaning of the Home Building Act 1989) is to be undertaken,
the Principal Contractor must be a holder of a contractor licence; and

(b) notify
the PCA of the details of any such appointment; and

(c) notify
the Principal Contractor of any critical stage inspections or other inspections
that are required to be carried out in respect of the building work.

An Information
Pack is attached for your convenience should you wish to appoint Georges
River Council as the Principal Certifying Authority for your development.

~ OPER1003
- Notification of Critical Stage Inspections - No later than two (2)
days before the building work commences, the PCA must notify:

(a) the
consent authority and the Council (if not the consent authority) of his or her
appointment; and

(b) the
beneficiary of the development consent of the critical stage inspections and
other inspections that are to be carried out with respect to the building work.

~ OPER1004
- Notice of Commencement - The beneficiary of the development consent
must give at least two (2) days notice to the Council and the PCA of their
intention to commence the erection of a building.

(a) A
Construction Certificate has been issued by the consent authority, the council
(if not the consent authority) or an accredited certifier; and

(b) The
beneficiary of the consent has appointed a Principal Certifying Authority for
the subdivision work.

No later than
two (2) days before the subdivision work commences, the PCA must notify:

(a) The
consent authority and the council (if not the consent authority) of his or her
appointment; and

(b) The
beneficiary of the development consent of the critical stage inspections and
other inspections that are to be carried out with respect to the subdivision
work.

An Information
Pack is attached for your convenience should you wish to appoint
Hurstville City Council as the Principal Certifying Authority for your
development.

~ OPER1006
- Subdivision work – Notice of Commencement - The beneficiary of
the development consent must give at least two (2) days notice to the Council
and the PCA of their intention to commence the subdivision works.

A Notice
of Commencement Form is attached for your convenience.

~ OPER1007
- Critical Stage Inspections - The last critical stage inspection must
be undertaken by the Principal Certifying Authority. The critical stage
inspections required to be carried out vary according to Building Class under
the Building Code of Australia and are listed in Clause 162A of the
Environmental Planning and Assessment Regulation 2000.

~ OPER1008
- Notice to be given prior to critical stage inspections - The principal
contractor for a building site, or the owner-builder, must notify the principal
certifying authority at least 48 hours before each required inspection needs to
be carried out.

Where Georges
River Council has been appointed PCA, forty eight (48) hours notice in writing,
or alternatively twenty four (24) hours notice by facsimile or telephone, must
be given to when specified work requiring inspection has been completed.

~ OPER1009
- Occupation Certificate - A person must not commence occupation or use
of the whole or any part of a new building unless an Occupation Certificate has
been issued in relation to the building or part.

Only the
Principal Certifying Authority appointed for the building work can issue the
Occupation Certificate.

An Occupation
CertificateApplication Form is attached for your convenience.

a. To
change of land use zoning from IN2 Light Industrial and part R2 Low Density
Residential to B4 Mixed Use,

b. To
amend the Floor Space Ratio Map to increase the FSR from 0.6 (R2) and 1:1
(IN2) to 2:1 along Roberts Lane and up to 3.5:1 for the reminder of the site
(including a minimum commercial FSR of 0.5:1).

c. To
amend the Height of Buildings Map to increase the maximum building height
from 9m (R2) and 10m (IN2) to a range of heights of 12m along Roberts Lane
and to 21m, 28m 30m, 40m and 65m for the reminder of the site.

d. To
amend the Active Street Frontages Map to apply an active street frontage along
Forest Road and Durham Street frontages of the site

e. To
provide a Hotel incentive 0.5:1 for the hotel accommodation land uses for
that portion of the site on the corner of Forest Road and Durham Street.

To seek a recommendation to present
the Planning Propsoal report to Council

Recommendation

1. That
the Georges River IHAP recommends to the Council that the Planning Proposal
to amend Hurstville Local Environmental Plan 2012 (“Hurstville LEP
2012”) as follows, in respect of the “Hurstville East”
site, be forwarded to the delegate of The Greater Sydney Commission for a
Gateway Determination under section 56 of the Environmental Planning and
Assessment Act 1979:

a. To
change of land use zoning from IN2 Light Industrial and part R2 Low Density
Residential to B4 Mixed Use,

b. To
amend the Floor Space Ratio Map to increase the FSR from 0.6 (R2) and 1:1
(IN2) to 2:1 along Roberts Lane and up to 3.5:1 for the reminder of the
site (including a minimum commercial FSR of 0.5:1).

c. To
amend the Height of Buildings Map to increase the maximum building height from
9m (R2) and 10m (IN2) to a range of heights of 12m along Roberts Lane and
to 21m, 28m 30m, 40m and 65m for the reminder of the site.

d. To
amend the Active Street Frontages Map to apply an active street frontage
along Forest Road and Durham Street frontages of the site

e. To
provide a Hotel incentive 0.5:1 for the hotel accommodation land uses for
that portion of the site on the corner of Forest Road and Durham Street.

2. That
Council prepare an amendment to the Hurstville DCP to run concurrently with
an amendment to the Hurstville LEP 2012 (if Gateway approval is given by
the Department of Planning and Environment), to reflect urban design
considerations for future development of the site including amount and
location of open space, landscaped setbacks, deep soil areas, site access,
road widening and through site links and any other relevant issues. The DCP
is to be prepared at the proponents cost.

3. That
all land owners the subject of the Planning Proposal to amend Hurstville
Local Environmental Plan 2012 (“Hurstville LEP 2012”) be
notified by Council in writing of the planning proposal and the proposed
DCP requirements of road widening and site through links.

Figure 1 - Site Plan

Executive Summary

1. Dickson
Rothschild submitted a revised Planning Proposal request (PP2015/0005) on
behalf of One Capital Pty Ltd on 2 June 2017 that requests that Council amend
the Hurstville Local Environmental Plan 2012 (“LEP 2012”) in
relation to the site bounded by Forest Road, Durham Street and Roberts Lane,
Hurstville (the “Hurstville East” site) to:

a. Change of land use zoning from IN2 Light Industrial and
part R2 Low Density Residential to B4 Mixed Use,

b. Amend the Floor Space Ratio Map to increase the FSR
from 0.6 (R2) and 1:1 (IN2) to 2:1 along Roberts Lane and up to 3.5:1 for the
reminder of the site (including a minimum commercial FSR of 0.5:1).

c. Amend the Height of Buildings Map to increase the
maximum building height from 9m (R2) and 10m (IN2) to a range of heights of 12m
along Roberts Lane and to 21m, 28m 30m, 40m and 65m for the reminder of the
site.

d. Amend the Active Street Frontages Map to apply an
active street frontage along Forest Road and Durham Street frontages of the
site.

e. Hotel incentive 0.5:1 for the hotel accommodation land
uses for that portion of the site on the corner of Forest Road and Durham
Street.

a. Between 440 and 480 residential units across the site,
which are located within buildings of 3 storeys up to 19-20 storeys. The
Traffic Report (Refer to Attachment 8) states that 450 residential
apartments will be provided comprising of:

i. 10 studio units

ii. 38 one bedroom units

iii. 364 two bedroom units

iv. 38 three bedroom units

b. Seven (7) level hotel containing between 110-130 rooms
(approx. 5,260sqm) located on Ground Level and Levels 1 to 6 within the corner
building (Building A).

3. The
Site is currently located just outside the boundary of the Hurstville City
Centre and currently accommodates approximately 10,127m2 of employment floor space.
Council at its Meeting held 3 July 2017 adopted a report and approved
Hurstville Section 94 Development Contributions Plan (Amendment No. 2) to
include Kempt Field, the Hurstville East Site (bounded by Forest Road, Durham
Street and Roberts Lane) and the Bing Lee Site (being 108, 112 and 124 Forest
Road) Hurstville into the Hurstville City Centre land application map.

4. The
site consists of 19 allotments in various ownerships. The Planning Proposal
does not have all owners consent.

5. Council,
at its meeting on 3 April 2017 considered a report on the draft Georges River
Employment Lands Study (the draft Study) and resolved to publicly exhibit the
draft Study. The draft Study makes the following recommendation for the
Hurstville Industrial – Hurstville East Precinct:

b. Implement a minimum non-residential floor space ratio
(FSR) of 0.5:1 and ensure that non-residential floor space is provided at the
ground floor to encourage street activation which promotes vibrancy in the
centre, as well as continued employment opportunities,

c. That a further review be undertaken with respect to the
height and FSR in the context of the adjoining development.

6. The
revised Planning Proposal request lodged in June 2017 has been considered by
the St George Design Review Panel (“DRP”) on 6 April 2017 and the
proposed maximum FSR and the range of building heights included in this
revision was generally supported. A copy of the minutes is contained in Attachment
1.

7. The
DRP supported the Planning Proposal subject to a detailed design at DA stage
which is to be the subject of a further DRP Meeting upon lodgement of a DA.

8. This
report recommends that the IHAP supports the change of land use zoning from IN2
Light Industrial and part R2 Low Density Residential to B4 Mixed Use and the
proposed increase in the FSR from 0.6 (R2) and 1:1 (IN2) to 2:1 along Roberts
Lane and up to 3.5:1 for the reminder of the site and increases in the maximum
building height to a range of heights of 12m along Roberts Lane and to 21m, 28m
30m, 40m and 65m for the reminder of the site. The retention of the
amount of employment generating floor space (‘non-residential’) on
the site is also supported, and is proposed to be controlled through the
requirement of a minimum ‘non-residential’ FSR of 0.5:1. The bonus
Hotel incentive of 0.5:1 for the hotel accommodation land uses for that portion
of the site on the corner of Forest Road and Durham Street should also be
supported. An active street frontage will apply across the Forest Road and
Durham Street frontages.

9. This
report also recommends an amendment to Development Control Plan No.2 –
Hurstville City Centre be prepared, to run concurrently with an amendment to
the Hurstville LEP 2012 (if Gateway approval is given by the Department of
Planning and Environment), to reflect urban design considerations for future
development of the site including amount and location of open space, landscaped
setbacks, deep soil areas, site access, road widening and through site links.

10. The Planning
Proposal is accompanied by an Offer to enter into a Planning Agreement. This
Offer will be reported separately to the Council.

Report in Full

1. INTRODUCTION

11. The request to
prepare a Planning Proposal (PP2015/0001) for the site bounded by Forest Road,
Durham Street and Roberts Lane, Hurstville was originally submitted by Dickson
Rothschild (“the Applicant”) on 16 June 2015.

12. Table 2 of
this report provides a chronology of the events leading up to this report
on the revised Planning Proposal.

13. Dickson
Rothschild has submitted a revised Planning Proposal request (PP2015/0005) on
behalf of One Capital Pty Ltd on 2 June 2017 that Council amend the Hurstville
Local Environmental Plan 2012 (“LEP 2012”) in relation to the site
bounded by Forest Road, Durham Street and Roberts Lane, Hurstville (the
“Hurstville East” site) to:

a. Change of land use zoning from IN2 Light Industrial and
part R2 Low Density Residential to B4 Mixed Use,

b. Amend the Floor Space Ratio Map to increase the FSR
from 0.6 (R2) and 1:1 (IN2) to 2:1 along Roberts Lane and up to 3.5:1 for the
reminder of the site (including a minimum commercial FSR of 0.5:1).

c. Amend the Height of Buildings Map to increase the
maximum building height from 9m (R2) and 10m (IN2) to a range of heights of 12m
along Roberts Lane and to 21m, 28m 30m, 40m and 65m for the reminder of the
site.

d. Amend the Active Street Frontages Map to apply an
active street frontage along Forest Road and Durham Street frontages of the
site

e. Hotel incentive 0.5:1 for the hotel accommodation land
uses for that portion of the site on the corner of Forest Road and Durham
Street.

14. The site will be referred
to as “Hurstville East” in this report.

15. The revised
Planning Proposal request was considered at the St George Design Review Panel
(“DRP”) on 6 April 2017.

16. The revised
Planning Proposal (June, 2017) request is detailed in Section 4 of this
report and includes the following proposed amendments to the Hurstville LEP
2012 for the Site:

a. Change of land use zoning from IN2 Light Industrial and
part R2 Low Density Residential to B4 Mixed Use,

b. Amend the Floor Space Ratio Map to increase the FSR
from 0.6 (R2) and 1:1 (IN2) to 2:1 along Roberts Lane and up to 3.5:1 for the
reminder of the site (including a minimum commercial FSR of 0.5:1).

c. Amend the Height of Buildings Map to increase the
maximum building height from 9m (R2) and 10m (IN2) to a range of heights of 12m
along Roberts Lane and to 21m, 28m 30m, 40m and 65m for the reminder of the
site.

d. Amend the Active Street Frontages Map to apply an
active street frontage along Forest Road and Durham Street frontages of the
site

e. Hotel incentive 0.5:1 for the hotel accommodation land
uses for that portion of the site on the corner of Forest Road and Durham
Street.

17. A Planning
Agreement has been offered by the Applicant and this is summarised below and
will be reported to Council as a separate report.

18. In response to
discussions with Council officers, the revised Planning Proposal includes
reference to the preparation of site specific provisions in the Hurstville DCP
2 – Hurstville City Centre to reflect design considerations for the site
including vehicle access points, building locations and form and the amount and
location of open space, landscaped, deep soil areas, road widening and through
site links. This draft DCP Amendment would be prepared if Gateway Approval is
received from the Department of Planning and Environment.

2. SITE
DESCRIPTION

2.1 Overview
of the Site

19. The Hurstville
East site is a triangular shaped site bounded by Forest Road, Durham Street and
Roberts Lane, Hurstville. The site adjoins the area defined as the Hurstville
City Centre and within 400m walking distance from Allawah Station and 800m from
Hurstville Station. The site is shown in Figure 2 below.

20. The site has
multiple land owners and contains a total of 19 separate lots legally described
in Table 1 below. One Capital Pty Ltd has an interest in 8 of the
allotments. Figure 26 of this report indicates the land that One Capital
Pty Ltd has an interest in.

Table 1 – Legal Site Description

Lot/DP & Address

Zone under HELP 2012

Ownership

Lot A DP.372835

53 Forest Road

R2 – Low Density Residential

Mrs K Giacchi

Lot 1 DP. 225302

61-65 Forest Road

IN2 – Light Industrial

Sentumar Pty Ltd

One Capital has an interest

Lot 101 DP.776275

67-69 Forest Road

IN2 – Light Industrial

Sentumar Pty Ltd

One Capital has an interest

Lot 100 DP.776275

71A Forest Road

IN2 – Light Industrial

Mrs VM and Mr AW Garthon

One Capital has an interest

Lot 10 DP.621395

73 Forest Road

IN2 – Light Industrial

South East Automotive Pty Ltd

One Capital has an interest

Lot 4 DP.12517

75 Forest Road

IN2 – Light Industrial

South East Automotive Pty Ltd

One Capital has an interest

Lot 3 DP.12517

75 Forest Road

IN2 – Light Industrial

South East Automotive Pty Ltd

One Capital has an interest

Lot 2 DP.12517

126 Durham Street

IN2 – Light Industrial

South East Automotive Pty Ltd

One Capital has an interest

Lot 1 DP.12517

126 Durham Street

IN2 – Light Industrial

South East Automotive Pty Ltd

One Capital has an interest

Lot 15 DP.601341

122A Durham Street

IN2 – Light Industrial

A & C Motor Repairs Pty Ltd

Lot 1 DP.337499

120 Durham Street

IN2 - Light Industrial

Mr G & Mrs R Topalidia

Lot 1 DP.213685

118A Durham

IN2 – Light Industrial

Mr H and Mrs W Hage

Lot 2 DP.213685

118 Durham Street

IN2 – Light Industrial

Mr H and Mrs W Hage

Lot 5 DP.171179

116 Durham Street

IN2 – Light Industrial

Boy Scouts Association Trustees

(Heritage Item)

Lot A DP.391801

114 Durham Street

IN2 - Light Industrial

Bagi Pty Ltd

Lot B DP.391801

112 Durham Street

IN2 – Light Industrial

Bagi Pty Ltd

Lot C DP.391801

110 Durham Street

IN2 – Light Industrial

Bagi Pty Ltd

Lot D DP.391801

108 Durham Street

IN2 – Light Industrial

Bagi Pty Ltd

Lot 1 DP.172819

9 Roberts Lane

IN2 – Light Industrial

Mrs J and Mr I Kordic

21. The site has an
area of 14,070m2 (approx. 1.4 hectares) and the following boundaries:

23. The Site is
currently located just outside the boundary of the Hurstville City Centre. Council
at its Meeting held 3 July 2017 adopted a report and approved Hurstville
Section 94 Development Contributions Plan (Amendment No. 2) to include Kempt
Field, the Hurstville East Site (bounded by Forest Road, Durham Street and
Roberts Lane) and the Bing Lee Site (being 108, 112 and 124 Forest Road)
Hurstville into the Hurstville City Centre land application map.

24. A summary of the
surrounding land is provided below and shown in Figures 3 to 15:

a. South: To the south, on the opposite side of Durham Street
is a large mixed use development known as East Quarter which includes a number
of mixed use buildings up to 19 storeys in height. The large open space area of
Kempt Field (approx. 3 hectares) is also located opposite the site. Council at
its meeting held 5 June 2017 endorsed the draft Kempt Field Plan of Management
and accompanying Kempt Field Master Plan for public exhibition.

b. West: On the other side of Forest Road is an area of
land zoned B2 Local Centre featuring a range of commercial uses including a car
dealership at the corner of Forest Road and Wright Street. Residential land on
Wright Street and Hudson Street is a mix of R2 Low Density and R3 Medium
Density Residential and is characterised by 1-2 storey dwelling houses and
other low density residential development and 3 storey residential flat
buildings respectively.

c. North: A number of educational facilities are located
to the north along Forest Road on land zoned SP2 Infrastructure. These include
Hurstville Public School, Georges River College – Hurstville Boys Campus,
Bethany College and Sydney Technical High School. There are also sites along
Forest Road zoned B2 Local Centre which have recently been redeveloped with
shops on the ground floor and generally 2 levels of residential apartments
above.

d. North/East: Land to the north and east along Lily
Street, Cronulla Street and Botany Street is zoned R2 Low Density Residential.
This area is predominantly characterised by 1-2 storey dwelling houses, with
the rear yards of properties along Lily Street backing onto Roberts Lane.

Figure 3: The site - taken from opposite the site at
99 Forest Street Hurstville

Figure 6: The site – looking south to East
Quarter
Forest Road, Hurstville

Figure 7: The site – Forest Road, Hurstville

Figure 8: The site – Forest Road, Hurstville

Figure 9: part of the site – 53 Forest
Road, Hurstville

Figure 10: New development to the north of the subject
site
– across Roberts Lane, Hurstville

Figure 11: - Roberts Lane, Hurstville

Figure 12: - Part of the site - Industrial development
facing
Roberts Lane, Hurstville

Figure 13: - Kempt Field opposite the site

Figure 14: - The site – development along Durham
Street

Figure 15: - The Scout Hall

2.3 Site
Background

25. The
Applicant’s Planning Proposal request (PP2015/0001) was lodged with
Council on 12 June 2015. An offer to enter into a Voluntary Planning Agreement
(VPA) was submitted on 27 November 2015 and subsequently withdrawn on 24 March
2016. A number of revised Planning Proposal documents have been provided since
the initial lodgement. The latest revised Planning Proposal was received by
Council on 2 June 2017.

26. Table 2
provides a chronology of the events leading up the revised Planning Proposal
which is the subject of this report.

Table 2 – Chronology of events with Planning
Proposal PP2015/0001

Date

Details

15 May 2015

Meeting between Applicant and Council staff to discuss potential
Planning Proposal.

9 June 2015

Letter sent to Applicant setting out areas to be further
addressed prior to the lodgement of any Planning Proposal.

12 June 2015

Planning Proposal lodged (PP2015/001)

The Site was divided into Site A and Site B by the Applicant
(generally based on land ownership) as shown in Figure 16 below.

The Planning Proposal (supported by Council 20/04/16) proposed:

• B4
Mixed Use

• increasing
height from 9m and 10m to 60m (Site A) and 25m (Site B)

• increasing
FSR from 0.6:1 and 1:1 to 3.5:1 (Site A) and 1.5:1 (Site B) and a bonus FSR
of 1.5:1 for “hotel or motel accommodation” on Site A.

Letter of acknowledgment sent to Applicant including details of
further information required.

7 July 2015

Referral to Sydney Airport Authority.

16 July 2015

St George Design Review Panel (1st Meeting)

13 August 2015

Comments received from internal traffic referral

31 August 2015

Further information submitted by
Applicant

22 September 2015

Independent consultants engaged to
undertake traffic modelling for the subject Planning Proposal and other
proposals in the Eastern Bookend precinct of the Hurstville City Centre

16 November 2015

Response provided from Sydney Airport
Authority

19 November 2015

St George Design Review Panel (2nd
Meeting) to consider further material provided in response to the 16 July
2015 meeting

26 November 2015

Offer to enter into Voluntary Planning Agreement submitted

8 December 2015

Independent Traffic Modelling work
provided to the Applicant

8 January 2016

Meeting between Applicant and Council
staff to discuss intention to provide revised plans

12 January 2016

Revised Urban Design Report submitted

19 January 2016

St George Design Review Panel (3rd
Meeting)

21/01/2016

GMU provided advice on the Hurstville
East site (“Indicative Concept Plan”, design principles and
height and FSR recommendations) (refer Attachment 2). The design
principles and recommendations in the GMU advice include:

· FSR 2.3:1 based on GFA (with 75%
efficiency) and floor areas and heights identified in the Indicative Concept
Plan below. Distribution of heights can deliver an FSR of 2.3:1 to 2.5:1, depending
on efficiency and uses within the development.

· Recommended massing for the site
includes maximum height of 13 storeys which equates to 41m (plus plant and
roof features).

· Tallest building form should be marking
the corner of Durham Street and Forest Road.

· Street to be addressed with a three (3)
storey podium to relate to the existing podiums and lower scale surrounding
the site.

· Scale to the streets can be approx.
seven (7) storeys with transition to lower scale through five (5) storeys on
the eastern ends.

· Eastern edge of the site is to be
reopened to the existing low scale built form along Roberts Lane, therefore
three (3) storeys is proposed.

· Site has opportunity for through site
links and a plaza that can be publicly accessible or partially closed to a
private courtyard for residents and hotel visitors. It is to increase
permeability of the site and link north (including school) with the open
space and the station.

Council considered the Planning Proposal
PP2015/0001 at its 20 April 2016 meeting.

Report Recommendation: subject to an appropriate mechanism
being available to assist in addressing the road and traffic infrastructure
demands and improvements within the City Centre generated by the future
development of the site (ie Planning Agreement or s94 Contributions Plan
amendment):

· rezoning the site to B4 Mixed Use

· increasing maximum building height to
part 18m and part 40m and introduce a bonus height of 25m for development for
“hotel or motel accommodation”

· increasing FSR to 2.5:1 and introduce a
bonus FSR of 1.5:1 for “hotel or motel accommodation”

· introduce a minimum non-residential FSR
of 0.5:1 for the site

The Report also recommended:

· Prior to any post Gateway Public
Exhibition, the Applicant prepare a contamination assessment report for the
Site (in accordance with SEPP 55)

· an amendment to the Hurstville s94 Plan
to acknowledge the new B4 Mixed Use Zoning of the Site and the Site be
included in the Hurstville City Centre boundary

· An amendment to the Hurstville DCP No.2
– Hurstville City Centre to include the site within the City Centre
boundary and include site specific provisions including (but not limited to)
vehicle access points, building locations and form, landscaped areas, through
site connections, active street frontages and building setbacks

Council Resolution:

· support the recommended rezoning to B4
Mixed Use.

· Increase the maximum height to 60m (Site
A) and 25m (Site B)

· Increase the maximum FSR to 3.5:1 (Site A)
and 1.5:1 (Site B)

· Introduce a bonus FSR of 1.5:1 for
“hotel or motel accommodation” on Site A (8 lots
identified)

· Introduce a minimum non-residential FSR
of 0.5:1 for the site

The Council also resolved:

· Prior to any post Gateway Public
Exhibition, the Applicant prepare a contamination assessment report for Site
A (only) (in accordance with SEPP 55)

· an amendment to the Hurstville s94 Plan
to acknowledge the new B4 Mixed Use Zoning of the Site and the Site be
included in the Hurstville City Centre boundary

· That Council acknowledges that the floor
space ratio of 3.5:1 is consistent with other developments in the immediate
area. Council also commissioned a report by GMU Consultants on land across
the road from this site (bounded by Hudson Street, Forest Road and Wright
Street) recommending a floor space ratio of 3.6:1.

19 May 2016

Planning Proposal as amended by Council
referred to the Department of Planning & Environment on 19 May 2016
requesting a Gateway Determination.

4 August 2016

Department of Planning & Environment
returned the Planning Proposal to Council to consider density, contributions and road/traffic network matters and
whether the proposal should be resubmitted for a Gateway determination.

The letter from the Department also states that: theDepartment's assessment shows that the proposed density increases are
disproportionately distributed across the site. I would appreciate Council's
advice as to the reasons for this recommended approach and why the urban
design advice, which appears to better reflect the sites potential, was not
followed.

ln addition, there are concerns that the proposed
planning controls would not allow Council to fully incorporate the
development potential of the site into its development contributions
framework. This approach would make it difficult to address additional
demands particularly on the road and traffic network in the City Centre that
would be generated by the proposed development.

24 August 2016

Council officers met with representatives
of the Applicant on 24 August 2016 to discuss the Department’s letter
and the way forward. At this meeting it was agreed that the Applicant
would provide a response to the matters raised by the Department (refer
above) and that this response would be included in a future report to both
the Georges River Independent Hearing and Assessment Panel
(“IHAP”) and Council.

30 August 2016

Council letter to applicant advising of
the actions from the meeting held 24 August 2016.

28 September 2016

Response from Applicant providing a
revised scheme and requesting a meeting.

17 October 2016

A response was received from the
Applicant’s representatives on 28/09/16 which included an email
response (D16/117379) and accompanying maps which showed:

· Increase FSR to 3.5:1 across the site
with a bonus 1.5:1 for “hotel or motel accommodation” on
the majority of the site and corresponding with the area with 60m height
maximum

The Applicant noted that the response
included new “design principles” based on Council’s
assessment report and the GMU design and:

· Tested the potential built form massing
and scale on the site in relation to building separations, initial analysis
of overshadowing with respect to surrounding development

· Adopted new design principles for the
site and reviewed potential building form mass and scale with surrounding
development in the Hurstville City Centre (including East Quarter, Bing Lee
site and recent approvals)

· Reviewed the potential yield on the site
as a result of potential built form massing and scale on the site in relation
to building separations, initial analysis of overshadowing

Meeting held with Applicant and council
Officers. The applicant is preparing a revised urban design response for the
site - which is likely to result in an amended PP with an FSR and height
somewhere between what the council officers previously recommended and what
the Council resolved to adopt.

The applicant has also been advised that
a VPA will now be required (pursuant to new Council Policy).

Meeting held with applicant. The meeting
discussed the issues raised by DRP and they were advised:was
advised that they need to demonstrate the following in the revised drawings
which will be resubmitted to the DRP for comment:

· How the tower building form is addressed
in the proposed development standards

· Hotel floorspace of 1:1 (how this will
be used, viability of hotel)

· Restrict bonus FSR to the corner/tower
location

· Include both bonus height and FSR
controls for the hotel (only)

· Concept within 1 week (ie 8-10 March) to
go back to DRP

· Provide example of 3.5:1 FSR (ie all
mixed use/residential and no hotel)

Applicant noted contamination report
coming

20 March 2017

Revised masterplan lodged for site.

23 March 2017

Meeting held with applicant to discuss the concerns with the
amended design - there is no clear
stepping of the design along Forest Street and no distinct elegant building
at the corner of Forest & Durham. The interface with the residential
areas along the laneway and to the north of the site is also important.

6 April 2017

St George Design Review Panel (5th Meeting). In response to all
the issues raised the applicant presented a revised design showing the
following:

· Locates the tallest building on corner
of Durham Street and Forest Road (65m height limit).

· Three (3) storey scale built form to be
located on Roberts Lane as a transition to adjacent lower scale development.

· Lower scale development to be located
along Forest Road and Durham Street stepping down from tallest tower (65m
stepping to 40m and 21m and 12m at Roberts Lane).

· Create through site links to allow for
pedestrian connectivity to surrounding land uses while activating internal
areas of site/proposed development.

· Provide street activation through
retail/ commercial uses around site to street on ground level.

·

21/04/2017

draft VPA Heads of Agreement and offer for the Landmark Square
Project lodged by applicant

2 June 2017 to 9 June 2017

Revised Planning Proposal and associated documentation lodged
which is the subject of this report.

3. PLANNING
STRATEGIES, POLICIES AND CONTROLS

3.1 Existing
Planning Controls

27. The Hurstville
LEP 2012 applies to the Site and the following provisions are relevant to the
Planning Proposal:

28. Land Zoning: The
Site is zoned IN2 Light Industrial and part R2 Low Density Residential (one lot
on the northern side of the Subject Site) as shown on the extract of the Land
Zoning Map – Sheet LZN_008B below (Figure 19).

Figure 19: Extract of Hurstville LEP 2012 – Land
Zoning Map

29. Height of
Buildings: the Site has a maximum building height of 9m and 10m as shown on the
extract of the Height of Buildings Map – Sheet HOB_008B below (Figure
20).

30. The adjacent and
surrounding land has a range of maximum building heights:

a. 9m west and north.

b. 9m to the east.

c. 30, 35 60 & 65m to the south.

Figure 20: Extract of Hurstville LEP 2012 –
Height of Buildings Map

31. Floor Space
Ratio: the Site has a maximum floor space ratio of 0.6:1 and 1:1 as shown on
the extract of the Floor Space Ratio Map – Sheet FSR_008B below (Figure
21). The adjacent and surrounding land has a range of maximum floor space
ratios:

a. 1.5:1 to the west and north.

b. 0.6:1 to the east.

c. 3.5:1 to the south.

Figure 21: Extract of Hurstville LEP 2012 –
Floor Space Ratio Map

32. Active Street
Frontage: part of the Forest Road frontage of the site is identified as Active
Street Frontage as shown on the extract of the Active Street Frontage Map
– Sheet ASF_008B below (Figure 22).

33. Heritage: One
heritage items is located within the site boundary, Hurstville Scout Hall (116
Durham Street). as shown on the extract of the Heritage Map – Sheet
HER_008B below (Figure 23). Heritage items located in the vicinity of
the site include the following:

a. Item I36 – 76 Lily Street, Hurstville –
California bungalow, and

b. Item I28 – Hurstville Public School – 80
Forest Road Hurstville.

Figure 23: Extract of Hurstville LEP 2012 –
Heritage Map

3.2 Strategic
Planning Context

34. The draft South
District Plan (November 2016) and Towards our Greater Sydney 2056 (which will
amend A Plan for Growing Sydney) were recently on public exhibition (ending 31
March 2017) and will apply to the Georges River Council area.

35. Consideration of
the Planning Proposal request in relation to the current plans and strategies
(A Plan for Growing Sydney (Metropolitan Strategy) and draft South Subregional
Strategy (2007) and the draft plans Towards our Greater Sydney 2056 and draft
South District Plan is provided below.

A Plan for Growing Sydney (Metropolitan Strategy)

36. The Planning
Proposal is consistent with the aims of A Plan for Growing Sydney (Metropolitan
Strategy) and achieves the following relevant Goals and Directions:

37. The Planning
Proposal, specifically the minimum non-residential floor space requirement,
will contribute towards achieving this Direction through providing updated
employment floorspace within the Hurstville Strategic Centre, on a site which
benefits from its proximity to the commercial, retail and services within the
Hurstville City Centre. This will also assist in delivering more investment and
business activity, increase productivity and address the trend in the
Hurstville City Centre of the dominance of residential development in the land
use mix. It is noted that the site is located approximately 800m walking
distance from the Hurstville Bus Interchange (Woodville Street) and 800m
walking distance from the Hurstville Railway Station and 400m from the Allawah
Railway Station, well within the walkable catchments.

38. As noted in the
Metropolitan Strategy “Locating jobs in around 30 to 40 large centres
will provide greater benefits to the overall productivity of Sydney. Strategic
centres are areas of intense, mixed economic and social activity that are built
around the transport network and feature major public investment in services such
as hospitals and education and sports facilities. Together, these centres form
a network of transport-connected hubs that help to make Sydney a networked and
multi-centred city.”

Goal 2: A city of housing choice, with homes that meet our needs and
lifestyles

39. The Planning Proposal
will provide approximately 440-480 new apartment dwellings based on the
Planning Proposal request. The site is suitable for this increase in dwellings
as it is located within the Hurstville Strategic Centre, close to jobs and
service by public transport (Hurstville railway and bus interchange) with
frequent services capable of moving large numbers of people. Housing choice to
suit different needs and lifestyles will be provided with a range of apartment
sizes to satisfy the apartment mix, objectives and design guidance of the
Apartment Design Guide and SEPP 65 and the apartment size mix in the Hurstville
DCP No.2 (Hurstville City Centre).

Goal 3:
Sydney’s great places to live

· Direction
3.3: Create healthy built environments.

40. The Planning Proposal
assists in encouraging healthy communities by creating mixed-use development
that provides a convenient focus for daily activities and benefits from its
proximity to the retail and services within the Hurstville City Centre. The
location of the site in relation to public open space and recreation facilities
(including Kempt Field) will also benefit future residents.

Sydney South Subregion

41. In relation to
the priorities of the South Subregion, the Planning Proposal provides housing
supply and choice in a suitable location for housing intensification and urban
renewal within the established Hurstville City Centre serviced by a key public
transport corridor (Illawarra Line). The Planning Proposal addresses the
Hurstville Strategic Centres priorities of providing capacity for additional
mixed use development in Hurstville including offices, retail, services and
housing.

42. The Planning
Proposal is also consistent with the “Planning Principles” for
growth identified in the Metropolitan Strategy, including:

Principle
1: Increasing housing choice around all centres through urban renewal in
established areas.

43. The Proposal
(increase in maximum building height and FSR) will increase housing
opportunities within Hurstville City Centre (with an estimated 440-480 new
residential apartments) and within walking distance from the Hurstville Station
and Allawah Station and bus interchange and access to shops or services, travel
to work or other centres and consequently will reduce car dependency.
Increasing the variety of housing available will provide housing choice to suit
different lifestyles, household sizes and affordability.

44. The proposal
includes a minimum “non-residential” FSR of 0.5:1 which will equate
to approximately 7023sqm of employment floor space and 5,260sqm hotel floor
space. This could provide for approximately 400 jobs and based on the estimates
provided in the Economic Impact Assessment submitted with the Planning Proposal
request, addressing Principle 2 through locating jobs within the strategic
centre of Hurstville, an important hub for business and employment and one of
Sydney’s ‘transport gateways’ (refer consideration in Section
4.4).

Draft South Subregional Strategy (2007)

45. The draft South
Subregional Strategy (2007) includes key directions and strategies for economy
and employment, centres and corridors and housing which are relevant to this
Planning Proposal.

46. In relation to economy
and employment, the key relevant directions include:

a. Retain strategic employment lands including those
required for utilities and local services.

b. Strengthen the commercial centre of Hurstville.

47. In relation to centres
and corridors, the key relevant directions include:

a. Increase densities in centres whilst improving
liveability.

b. Ensure sufficient commercial office sites in strategic
centres.

48. In relation to housing,
the key relevant directions include:

a. Focus residential development around centres, town
centres, villages and neighbourhood centres.

Draft
Towards Our Greater Sydney 2056

49. In relation to
the draft Plan Towards Our Greater Sydney 2056, the draft Plan includes the
following vision and Metropolitan priorities:

Vision

Metropolitan
Priority

A productive Greater Sydney

A growing city

A city with smart jobs

A 30 minute city

A liveable Greater Sydney

An equitable, polycentric city

A city of housing choice and
diversity

A collaborative city.

A sustainable Greater Sydney

A city in its landscape

An efficient city

A resilient city

50. The Planning
Proposal is not inconsistent with the Visions and Metropolitan Priorities of
the draft Plan.

Draft South District Plan

51. In relation to
the draft South District Plan (November 2016) which proposes a 20-year vision
for the South District, the following priorities and actions relevant to the
Planning Proposal:

Priorities
Relevant to the Planning Proposal

A Productive City

Planning for job target ranges
for strategic and district centres

Growing economic activity in
centres

Manage employment and urban
services land across the District

Access to a greater number of
jobs and services within 30 minutes

A Liveable City

Improve housing choice

Improve housing diversity and
affordability

Create great places

Respond to people’s need
for services

A Sustainable City

Creating an efficient South
District

Integrate land use and
transport planning to consider emergency evacuation needs

52. The proposed
height and FSR increases for the site in the Planning Proposal will increase
housing availability and choice in the Hurstville City Centre, addressing a
number of the priorities in relation to “A Liveable City”,
information was provide with the Planning Proposal in relation to the economic,
social, services and transport impacts to address the Proposal’s
consistency with the three (3) visions and associated priorities in both the
draft Plan Towards Our Greater Sydney 2056 and draft South District Plan.

Hurstville
City Centre Master Plan (2004)

53. The Hurstville
City Centre Concept Master Plan (2004) includes the following key objectives
relevant to the Planning Proposal:

a. Consolidating Hurstville’s regional role.

b. Improving pedestrian movement.

c. Providing a framework by which improvements to infrastructure
may be facilitated.

d. Introducing a balanced approach to height and density.

54. This site is
adjacent to the Study Area and should be considered as Council at its Meeting
held 3 July 2017 adopted a report and approved Hurstville Section 94 Development
Contributions Plan (Amendment No. 2) to include Kempt Field, the Hurstville
East Site (bounded by Forest Road, Durham Street and Roberts Lane) and the Bing
Lee Site (being 108, 112 and 124 Forest Road) Hurstville into the Hurstville
City Centre land application map.

55. The Master Plan
identifies the potential to provide more commercial and other job opportunities
for its surrounding catchment population and the imbalance between new
residential development and employment floorspace. It also identifies the
advantages that the Hurstville CBD has in relation to commercial development:

a. High rate of train usage on a well patronised line.

b. 1000 bus movements per day in the CBD.

c. Strong retail, restaurant and food sectors.

d. Excellent proximity to Sydney Airport, M5 and Port
Botany.

e. Large skilled workforce catchment in southern Sydney
and the Illawarra.

56. The Master Plan
also identified the need to:

a. Examine the viability of increased commercial
development.

b. Attract commercial development.

c. Ensure employment opportunities are maximised.

d. Ensure commercial development complements the new
public infrastructure and facilities.

57. These issues are
still relevant for planning within the Hurstville City Centre.

Draft
Employment Lands Study

58. Council, at its
meeting on 3 April 2017 considered a report on the draft Georges River
Employment Lands Study (the draft Study) and resolved to publicly exhibit the
draft Study.

59. The subject site
is known as the Hurstville Industrial – Hurstville East Precinct
and comprises approximately 1.3 hectares. The Precinct provides employment for
approximately 43 people within the 10,127m2 of gross floor area. The Precinct
is located along Forest Road, Durham Street and Roberts Lane and is on the boundary
of the Hurstville City Centre. Key land uses in the zone are car sales and auto
related services, dry cleaners, funeral home, scout hall, storage facility,
furniture and home improvements and a number of residential properties.
Surrounding land uses include low and medium density residential, large open
space area of Kempt Field and retail and office uses along Forest Road within
the Hurstville City Centre.

60. The area is well
serviced by transport, walking distance from both Allawah and Hurstville railway
stations (350 and 900 metres respectively).

61. The draft Study
identified low-medium demand for office uses, noting that the potential exists
for a small amount of office space to support the industrial uses. Retail
demand was also identified in that the site offers good exposure from Forest
Road. Industrial use was also identified as low-medium in the draft Study,
noting that the potential exists for intensification of the industrial uses
however demand is most likely to come from services that satisfy the local
community.

62. The Study
considers it likely that regional level industrial and logistics users will
continue to locate primarily in northwest and southwest Sydney. Also
considering its proximity to the CBD it would likely be costly for continued
use as industrial opposed to an alternate use. The draft Study identified
residential use as medium-high, noting that the Precinct shares characteristics
with Hurstville East Forest Road including proximity to the railway station and
the CBD. However, the Precinct also has greater potential due to larger
landholdings, which would prove more viable. It is noted that there has already
been significant supply of residential in the immediate vicinity which may
lessen demand to a degree.

63. The draft Study
considered the strengths of the Area to include:

a. Relatively high employment land efficiency (0.83:1)

b. Proximity to Hurstville and Allawah railway stations

c. Proximity to Hurstville City Centre

d. Accessibility via Forest Road

64. The draft Study
considered the opportunities of the Area to include the potential redevelopment
for more employment intensive uses, benefiting from proximity to the Hurstville
City Centre.

65. The draft Study
makes the following draft recommendation for the Hurstville Industrial –
Hurstville East Precinct:

b. Implement a minimum non-residential floor space ratio
(FSR) of 0.5:1 and ensure that non-residential floor space is provided at the
ground floor to encourage street activation which promotes vibrancy in the
centre, as well as continued employment opportunities

c. That a further review be undertaken with respect to the
height and FSR in the context of the adjoining development

Hurstville Transport
Management and Accessibility Plan (TMAP)

66. During the
development of planning controls for the Hurstville City Centre, Council was
required to undertake a Transport Management and Accessibility Plan (TMAP)
exercise in response to the amount of floor space (1,141,000m2) contained in
the draft City Centre LEP, the potential accessibility and infrastructure
implications and inconsistency with s.117 Direction 3.4 Integrating Land Use
and Transport.

67. The purpose of
the TMAP was to recommend the amount of additional GFA which can be developed
in the Hurstville City Centre while giving consideration to potential
accessibility and infrastructure implications.

68. The TMAP adopted
by Council in June 2013 recommended a potential to develop 363,000m2 additional
GFA resulting in a total of approximately 861,354m2 in the City Centre by 2036.
A level of inconsistency with s.117 Direction 3.4 currently exists because the
total GFA allowed for by the planning controls adopted in the City Centre is
1,091,000m2 which is 229,646m2 more than recommended in the TMAP. The TMAP was
adopted by Council in June 2013 and informed the finalisation of planning
controls for the Hurstville City Centre which were incorporated into Hurstville
LEP 2012 on 10 July 2015.

69. The TMAP provides
a number of key recommendations for road and traffic infrastructure in the City
Centre. In particular it recommends policies with “road infrastructure
improvements which are targeted at increasing road capacity on rail crossing and
network reliability on both regional roads and city centre access routes”
(RN1).

70. Hurstville City
Centre Action Plan (Table 52) in the TMAP report provides a list of road
network and intersection improvements along with other transport and land use
works and actions required in the short, medium and long term to support the
future planning of the City Centre and to provide an efficient road
network.

71. The TMAP states
that the road and traffic works will need to be funded by a mix of sources
including State Government funding, Section 94 and VPAs. It states that
“private sector funding for land use development will play a critical
role in delivering the bulk of the Action Plan in partnership with local
Councils. “Developers will contribute to the cost of transport
infrastructure provision through value or cost-sharing mechanisms..”.
Consideration of the consistency of the Planning Proposal with the TMAP is
provided in Section 4.3 below.

72. Planning
Agreements are the key mechanism available to Council to ensure developments
assist in contributing towards road and traffic infrastructure upgrades in the
City Centre.

Hurstville Development Control Plan No.2 (Hurstville City Centre)

73. The revised
Planning Proposal includes reference to the preparation of site specific
provisions in the Hurstville DCP 2 – Hurstville City Centre to reflect
design considerations for the site including vehicle access points, building
locations and form and the amount and location of open space, landscaped, deep
soil areas, road widening and through site links. This draft DCP Amendment
would be prepared if Gateway Approval is received from the Department of
Planning and Environment.

Hurstville Section 94 Development Contributions Plan 2012

74. The Hurstville
Section 94 Development Contributions Plan 2012 (Section 94 Plan) applies to all
land in the Hurstville LGA and includes specific provisions which levy
development in the Hurstville City Centre for non-residential floor space
(public domain improvements in the City Centre) and deficient car parking
spaces. These provisions will apply to development on the Site which is located
within the boundaries of the Hurstville City Centre. The Section 94 Plan also
includes levies for residential development.

Offer to Enter into a Planning Agreement

75. Heads of
Agreement to enter into a voluntary planning agreement have been signed by the
Director of One Capital on Friday 7 July 2017. The offer includes:

a. A monetary contribution to be used at Council's
discretion for public works, including any public utilities, public domain and
public road infrastructure in the amount of $7,375,878.00.

b. The Developer will construct and dedicate at no cost to
Council a 3m strip of land dedication land adjoining the Developers Land and
Robert's Lane prior to the earlier of the issue of the first subdivision
certificate or the issue of the first occupation certificate for building C as
referenced in the Planning Proposal. The widened Robert's Lane shall be
constructed in accordance with Council's Standards and requirements. The
estimated value of the land being dedicated and the road widening works is
$514,122.00.

c. The Developer will register an easement to
Council to enable public access through the site upon prior to the issue of an
occupation certificate which authorises the occupation and use of 75% or more
of the development on the Developer’s land.

76. These
contributions and public benefits are over and above the section 94
contributions that would be payable for the proposed development.

77. The Offer to
enter into a Planning Agreement will be considered in a separate report to
Georges River Council. The report will assess the Offer in relation to the
legislation and Council’s Policy on Planning Agreements.

SJB Urban design study for Hurstville City Centre

78. The site is
outside the Study Area of the SJB’s Urban Design Study for the Hurstville
City Centre.

4. APPLICANT’S
PLANNING PROPOSAL REQUEST

4.1 Summary of
Planning Proposal Request

79. A revised
Planning Proposal request was submitted on 2 June 2017 and included the
following amended documents which form the basis of the Planning Proposal
request being considered in this report:

80. The revised
Planning Proposal request proposes the following amendments to the Hurstville
LEP 2012 in relation to the Site:

a. Amend Land Zoning Map – Sheet LZN_008B to rezone
the site from IN2 Light Industrial and part R2 Low Density Residential to B4
Mixed Use,

b. Amend the Floor Space ratio Map – Sheet FSR_008B
to increase the FSR from 0.6 (R2) and 1:1 (IN2) to 2:1 along Roberts Lane and
up to 3.5:1 for the reminder of the site.

c. Include a FSR requirement of 0.5:1 for non-residential
uses.

d. Amend the Height of Buildings Map – Sheet HOB_008B
to increase the maximum building height from 9m (R2) and 10m (IN2) to a range
of heights of 12m along Roberts Lane and to 21m, 28m 30m, 40m and 65m for the
reminder of the site.

f. Amend the instrument to include a hotel incentive
0.5:1 for the hotel accommodation land uses for that portion of the site on the
corner of Forest Road and Durham Street.

81. The revised
Planning Proposal request still breaks the site into two parts – A and B
(refer to Figure 24).

Figure 24: Extract of Planning Proposal Request (June
2017)

82. The development
has the following statistics:

Table 3 –
Development Statistics

Site A – 10,520m2

Landuse

FSR

GFA (sqm)

Hotel

0.5

5,260

Residential

3.0

31,560

Retail

0.5

5,260

Total

4:1

42,080

Site B –
3,526m2

Landuse

FSR

GFA

Hotel

0

0

Residential

1.5

5,289

Retail

0.5

1763

Total

2:1

7052

Combined Site

Total

Site Area

14,046

Hotel

5,260

Residential

36,849

retail

7023

FSR

3.5:1

83. Figure 25
indicates the proposed building and their heights as set out on the site.

Figure 25: Extract of Planning Proposal Request (June
2017)

84. In summary, the
revised Planning Proposal request anticipates that the development resulting
from the changes to the maximum building height (range of heights of 12m along
Roberts Lane and to 21m, 28m 30m, 40m and 65m for the reminder of the site) and
maximum floor space ratio of 3.1 (including a ‘non-residential’
minimum FSR of 0.5:1) and bonus 0.5:1 for hotel accommodation would yield:

86. Given the that
the land is not in one ownership and the offer that has finally been agreed to
by Council and the proponent only relates to the land that is under the
interest of One Capital (refer to Figure 26 above) the DCP for the site
will need to address:

a. The road widening along Robert’s Lane (3m in
width for the length of the laneway).

b. The provision of all of the site through links.

87. A development
control plan (DCP) is required to be prepared at the proponents costs for the
whole site. This DCP will need to address site through links and the road
widening of land not under the control of One Capital.

a. The proposed rezoning of the aligns with relevant
planning principles set by the Hurstville City Centre TMAP and includes:

i. Does not impact on the potential future growth of the city centre
commercial core, which is reserved to accommodate the majority of planned
increases in employment within Hurstville LGA

ii. Promotes and supports use of public and active transport
modes for travel and helps the city centre achieve the recommended mode share
targets

iii. Aligns and is able to adopt travel demand measures via reduced
parking provision and the inclusion of cycling facilities, which will help
manage car generated travel demand from the site and its impact on the surrounding
city centre road network.

b. The site is located on the edge of the Hurstville City
Centre and offers good levels of access to retail, community facilities,
educational services, public transport and recreation facilities, including
Kempt Field and Allawah Railway Station.

c. Traffic generation is minimised through the adoption of
a high density mixed use (predominantly residential) development in proximity
of Hurstville City Centre and strategic high quality transport nodes.

d. The site is located within the Eastern Bookend Precinct
and supports the adoption of new lower parking provision rates set within the
draft DCP No.2.

e. Based on the parking rates specified within Draft DCP
No. 2, parking should comprise of 764 off street car parking spaces. Off-street
parking design – All off-street car parking will be designed in
accordance with Council DCP and Australian Standards at the DA stage. The
bicycle parking rates specified in the Draft DCP No. 2 have been adopted with a
proposed bicycle parking allocation of 150 resident bicycle spaces and 19
retail bicycle spaces. The location of a secure accessible area together with
end of trip facilities will be provided at the DA stage.

f. Development access – Development access is
proposed via Roberts Lane and Durham Street. Access points will be designed to
minimise conflict, improve safety and legibility, and maximise internal
circulation. Development access design – All access points will be
designed in accordance with Australian Standards and the final location of
access points will be determined at the DA stage.

g. The consolidation of access points along both Durham
Street and Roberts Lane will provide for the inclusion of additional time
controlled on-street parking provision. It will also formalise access to the
precinct and ensure that access points are controlled and legible for all users
of the surrounding transport network. The consolidation of access points will
also help to reduce the number of existing conflict points for pedestrians and
cyclists.

h. The estimated traffic generation for the proposed
rezoning of the site for the Landmark Square Precinct consists of:

i. 174 trips (80 inbound and 94 outbound) in the AM peak

ii. 273 trips (178 inbound and 95 outbound) in the PM peak

i. The SIDRA assessment confirms the findings of the
previous Traffic and Transport Impact Assessment. All intersections performed
satisfactorily in all scenarios, assuming that:

iii. A roundabout is provided at the Durham Street / Landmark Square
Access / East Quarter intersection as per an RMS proposal.

j. The assessment indicates that all proposed future
developments in the eastern section of Hurstville CBD, including Landmark
Square can be accommodated.

k. It is anticipated that all future developments should
contribute to road network upgrades surrounding the Hurstville CBD.

4.4 Economic Analysis

89. The revised
Planning Proposal is accompanied by two economic assessments as follows:

a. Hotel demand assessment prepared by HillPDA dated 23
May 2017 (refer to Attachment 7) which concludes that the potential for
a hotel on the subject site is strong reflecting the following factors:

i. Modest growth in domestic tourism;

ii. Strong growth in international tourism, particularly from
China;

iii. Declining Australian dollar which makes Australia more price
competitive for international tourists;

iv. Strong growth in the number of tourists staying in hotels and hotel
night stays across Sydney;

v. Strong hotel performance as measured by occupancy rates;

vi. A rise in room rates and an overall improvement in the feasibility
of hotels; and

vii. Recognition
of Hurstville as a viable and more price competitive option to Sydney CBD, but
with strong locational attributes including express train services, a major
regional Westfield shopping centre and an established Chinatown.

b. Economic Report prepared by HillPDA dated June 2015
(refer to Attachment 5). The assessment concludes (at page 35) that the
Planning Proposal would generate additional economic activity (+$791m) and jobs
(+2,219 job years directly and indirectly) during the period of construction
and stimulate investment in the locality.

On
page 37 it concludes: There are considerable economic benefits from amending
the zoning on the Subject Site. The Planning Proposal would help to meet very
strong demand for housing in the area and provide additional employment
generating uses. The prevalent market conditions support the proposal and it
would be consistent with current development activity in Hurstville.

There are some
long term impacts of continuing this trend in development especially in regards
to the contraction of the Hurstville industrial market. However give the
Subject Site's proximity to the transport hub, schools and amenities, a mixed
use development would be more appropriate for that location than industrial
uses. Moreover the mixed use development and hotel would create additional
demand for retail and business services which would help to support the
viability of the identified major centre. The capture of tourism expenditure
will benefit the locality considerably.

4.5 Urban Design Analysis
& the St George Design Review Panel

90. The concept plan
that supports the revised Planning Proposal request lodged in June 2017 was
considered by the St George Design Review Panel (“DRP”) on 6 April
2017 and the proposed maximum FSR and the range of building heights included in
this revision was generally supported. A copy of the Minutes of the St George
Review panel is attachment – Refer to Attachment 1.

91. The DRP supported
the Planning Proposal subject to a detailed design at DA stage which is to be
the subject of a further DRP Meeting upon lodgement of a DA.

92. A summary of the
comments and issues raised by the DRP in relation to the nine (9) Design
Quality Principles, as detailed in the St George DRP Minutes along with
Council’s comments in response to the issues is included in Attachment
12.

5. THE
PLANNING PROPOSAL

93. The Planning
Proposal has been assessed under the relevant sections of the Environmental Planning
and Assessment Act 1979 and Regulation 2000 and against the following advisory
documents prepared by the Department of Planning and Environment:

a. ‘A guide to preparing planning proposals”
(August 2016)

b. “A guide to preparing local environmental
plans” (August 2016).

94. The assessment
report in accordance with the Department of Planning and Environment
“Guides” is included as Attachment 13

95. The objective of
the Planning Proposal is to amend the Hurstville LEP 2012 by:

a. Changing of land use zoning from IN2 Light Industrial
and part R2 Low Density Residential to B4 Mixed Use,

b. Amending the Floor Space Ratio Map to increase the FSR
from 0.6 (R2) and 1:1 (IN2) to 2:1 along Roberts Lane and up to 3.5:1 for the
reminder of the site (including a minimum commercial FSR of 0.5:1).

c. Amending the Height of Buildings Map to increase the
maximum building height from 9m (R2) and 10m (IN2) to a range of heights of 12m
along Roberts Lane and to 21m, 28m 30m, 40m and 65m for the reminder of the
site.

d. Amending the Active Street Frontages Map to apply an
active street frontage along Forest Road and Durham Street frontages of the
site.

e. Providing for a Hotel incentive 0.5:1 for the hotel
accommodation land uses for that portion of the site on the corner of Forest
Road and Durham Street.

96. The intended
outcomes of the Planning Proposal are to permit a mixed use development on the
site which provides for:

a. Between 440 and 480 residential units across the site,
which are located within buildings of 3 storeys up to 19-20 storeys.

b. Seven (7) level hotel containing between 110-130 rooms
(approx. 5,260sqm) located on Ground Level and Levels 1 to 6 within the corner
building (Building A).

97. The Planning
Proposal seeks a bonus FSR of 0.5:1 on Area 1 for hotel or motel accommodation.
Refer to Figure 29 below for the location of Area 1 on the site.

98. The hotel/motel
bonus FSR has been included in the Planning Proposal since its lodgement. It was
originally proposed at a FSR Bonus of 1.5:1. This bonus was supported by the
previous Council at its meeting held 20 April 2016.

99. The proponent was
requested to justify the FSR bonus and this was consequently settled at a FSR
of 0.5:1. This allows for seven (7) level hotel containing between 110-130
rooms. Please refer to Section 4.4 of this report for the economic
justification.

100. The hotel/motel bonus of
0.5:1 along with the required minimum non-residential FSR of 0.5:1 will ensure
that there is a minimum FSR of 1:1 for employment related uses on the
site.

Changes Proposed

101. The changes to the LEP maps
are outlined in the following Figures 27 to 30.

Figure 29 - FSR from 0.6 (R2) and 1:1 (IN2) to 2:1
along Roberts Lane and up to 3.5:1 for the reminder of the site (including a
minimum commercial FSR of 0.5:1)

Figure 30 – Proposed Active Street Frontage Map

Community Consultation

103. Should the Planning Proposal
be supported it will be forwarded to the NSW Department of Planning and Environment
requesting a Gateway Determination.

104. If a Gateway Determination
(Approval) is issued, and subject to its conditions, it is anticipated that the
Planning Proposal will be exhibited for a period of 28 days in accordance with
the provisions of the Environmental Planning and Assessment Act, 1979 and
Regulation, 2000 and any requirements of the Gateway Determination.

105. Exhibition material,
including explanatory information, land to which the Planning Proposal applies,
description of the objectives and intended outcomes, copy of the Planning
Proposal and relevant maps will be available for viewing during the exhibition
period on Council’s website and hard copies available at Council offices
and libraries.

106. Notification of the public
exhibition will be through:

· Newspaper
advertisement in The St George and Sutherland Shire Leader;

· Exhibition
notice on Council’s website;

· Notices
in Council offices and libraries;

· Letters
to State and Commonwealth Government agencies identified in the Gateway
Determination; and

107. The anticipated project
timeline for completion of the Planning Proposal is shown below:

Task

Anticipated
Timeframe

Lodgement of Planning Proposal
request

12/06/2015

Lodgement of Revised Planning
Proposal request

2/6/2017

Reporting to Georges River IHAP
on Planning Proposal

20/07/2017

Reporting to Council on
Planning Proposal

06/08/2017

Anticipated commencement date
(date of Gateway determination)

01/11/2017

Anticipated timeframe for the
completion of technical information (if required)

31/03/2018

Timeframe for government agency
consultation (pre and post exhibition as required by Gateway determination)

30/04/2018

Commencement and completion
dates for community consultation period

July to August 2018

Dates for public hearing (if
required)

TBA

Timeframe for consideration of
submissions

August/September
2018

Reporting to Georges River IHAP
on community consultation

October 2018

Reporting to Council on
community consultation and finalisation

November 2018

Submission to the Department to
finalise the LEP

December 2018

Anticipated date for
notification.

January 2019

108. It is noted that the project
timeline will be assessed by the Department of Planning and Environment and may
be amended by the Gateway Determination.

SUMMARY OF ASSESSMENT /
CONCLUSION

109. In summary, the Planning
Proposal seeks to amend the Hurstville Local Environmental Plan 2012 (“LEP
2012”) in relation to the site bounded by Forest Road, Durham Street and
Roberts Lane, Hurstville (the “Hurstville East” site) to:

a. Change of land use zoning from IN2 Light Industrial and
part R2 Low Density Residential to B4 Mixed Use,

b. Amend the Floor Space Ratio Map to increase the FSR
from 0.6 (R2) and 1:1 (IN2) to 2:1 along Roberts Lane and up to 3.5:1 for the
reminder of the site (including a minimum commercial FSR of 0.5:1).

c. Amend the Height of Buildings Map to increase the
maximum building height from 9m (R2) and 10m (IN2) to a range of heights of 12m
along Roberts Lane and to 21m, 28m 30m, 40m and 65m for the reminder of the
site.

d. Amend the Active Street Frontages Map to apply an
active street frontage along Forest Road and Durham Street frontages of the
site

e. Hotel incentive 0.5:1 for the hotel accommodation land
uses for that portion of the site on the corner of Forest Road and Durham
Street.

110. It is recommended that the
IHAP support the request.

111. The key reasons for support
include that the proposed increases to the development standards will
facilitate future development of the highly accessible site within the
Hurstville City Centre, including:

a. Residential accommodation (440-480 approximately
apartments) within close proximity to the retail and other facilities within
the Hurstville City Centre and excellent public transport options;

b. Non-residential floorspace of approximately 7023m2 sqm
which will provide for employment opportunities within the Hurstville City Centre,
equating to approximately 400 jobs;

c. Urban design analysis and requirements through an
amendment to the Hurstville (City Centre) DCP No.2 which will address a range
of issues identified by the St George DRP in relation to future
development’s consistency with SEPP 65 – Design Quality of
Residential Apartment Development.

NEXT STEPS

112. The Planning Proposal, along
with a report on the Planning Agreement for the site, will be considered at a
future Georges River Council meeting (“the relevant planning
authority”) for consideration, including the IHAP recommendations. If the
Planning Proposal is endorsed by Council it will be forwarded to the delegate
of The Greater Sydney Commission for a Gateway Determination under section 56
of the Environmental Planning and Assessment Act 1979.

113. If Council resolves not to
support the Planning Proposal, the Applicant has the opportunity to request a
pre-Gateway Review by the Greater Sydney Commission. An applicant has 40 days
from the date of notification of Council’s decision to request a review.